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Patna High CourtCR. MISC./46811/2017bail granted

Ram Pravesh Yadav @ Lamka And ORS v. The State Of Bihar

2017-11-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46811 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Ram Pravesh Yadav @ Lamka,

2. Lallan Yadav,

3. Arbind Yadav, All sons of Ram Briksha Yadav, Resident of VillageSumera Tola, Bala Bigha, P.S. Makhdumpur, District- Jehanabad .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bajarangi Lal, Adv. For the Opposite Party : Smt. Meena Singh, APP 166 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

The petitioners apprehend their arrest in Makhdumpur (Tehata) P.S. Case No. 143 of 2017 registered under Sections 341, 379, 354A(a), 34 and other sections of the Indian Penal Code.

The informant alleged that while she was all alone in her house on 23.05.2017, Ram Pravesh Yadav, Lallan Yadav and Arbind Yadav, the petitioners, entered into her house and caught her hand with bad intention and also pulled her clothes. It is, further, alleged that Ram Pravesh Yadav, assaulted her with butt of pistol. In the meantime, Raj Kumar Yadav and others came. The accused persons took away different house hold articles from her house.

The learned counsel for the petitioners submits that prior to institution of present case, Ajay Yadav, one of the coaccused, lodged Makhdumpur (Tehta) P.S. Case No. 137 of 2017 under Section 307 and other sections of the Indian Penal Code against the informant and other accused persons. The informant

Patna High Court Cr.Misc. No.46811 of 2017 (2) dt.09-11-2017 2/2 when came to know that Ajay Yadav lodged a case, she also instituted the case making false allegation.

Considering the facts and nature allegation, made against the petitioners and the fact that prior to institution of present case from the side of the petitioners Makhdumpur (Tehta) P.S. Case No. 137 of 2017 registered against the informant and others, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Makhdumpur (Tehata) P.S. Case No. 143 of 2017 to the satisfaction of the Chief Judicial Magistrate, Jehanabad, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √