Laxmi Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50226 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================
1. Laxmi Yadav, S/o Kishundev Yadav,
2. Sunil Yadav, S/o Kishundev Yadav.
3. Prafulla Yadav @ Prafulla Kumar, S/o Sunil Yadav.
4. Rupesh Yadav, S/o Laxmi Yadav,
5. Vikash Yadav, S/o Laxmi Yadav. null
6. Mukesh Yadav @ Mukesh Kumar, S/o Laxmi Yadav.
7. Deepak Yadav @ Deepak, S/o Laxmi Yadav.
8. Mantun Yadav @ Mantuth Yadav, S/o Ram Prasad Yadav, All are residents of Village- Hathwan, P.S.- Alauli, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Alouli P.S. Case No. 130 of 2017 instituted for the offence under Sections-379, 325 & other minor Sections of the Indian Penal Code.
It is alleged in the written report that these petitioners and other accused persons assaulted the wife of the informant by different weapons as mentioned in the written report and snatched ear ring. From the written report itself, it appears that general and omnibus allegation has been levelled against these petitioners. Learned Sessions Judge has mentioned in the impugned order that injury report of the injured Veena Devi is available at para-14
Patna High Court Cr.Misc. No.50226 of 2017 (3) dt.01-11-2017 2/2 of the case diary, which shows that the injured has sustained injury on her head and the opinion regarding the injury has been kept reserved. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Alouli P.S. Case No. 130 of 2017to the satisfaction of learned Chief Judicial Magistrate, Khagaria subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) A.K.V.