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Patna High CourtCR. MISC./4032/2021bail granted

Bijay Yadav v. The State Of Bihar

2021-07-08Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4032 of 2021 Arising Out of PS. Case No.-23 Year-2020 Thana- AMARPUR District- Banka ====================================================== 1.

BIJAY YADAV Son of ARJUN YADAV Resident of Village - Jhajha, P.S.- Fullidumar, Distt.- Banka.

2.

Neelam Devi @ Neelu Devi W/o Bijay Yadav Resident of Village - Jhajha, P.S.- Fullidumar, Distt.- Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 354, 379/34 of the Indian Penal Code.

Allegedly, the informant's brother-in-law and his wife were beating her son. When she went to forbid, then, she was assaulted and overthrown on the ground. The informant's brother-in-law tried to press neck and snatched gold ring.

Patna High Court CR. MISC. No.4032 of 2021(2) dt.08-07-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The petitioner No. 2 is a lady. Both parties are agnates. Due to petty reason, the alleged occurrence is said to have taken place. No deadly weapon is said to have been used in course of the occurrence. Due to family dispute, the alleged occurrence is said to have taken place.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 23 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.4032 of 2021(2) dt.08-07-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T