Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5778 of 2021 Arising Out of PS. Case No.-56 Year-2020 Thana- KHUDAGANJ District- Nalanda ====================================================== 1.

BIRENDRA YADAV Son of Kameshwar Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda.

2.

Saryug Yadav @ Saryu Yadav Son of Late Nanhak Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda. 3.

Rina Devi W/o Pravin Prasad @ Pravin Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda.

4.

Usha Devi @ Pushpa Devi W/o Sunil Kumar Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda.

5.

Sharda Devi @ Tachhidha Devi @ Asha Devi W/o Rameshwar Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda. 6.

Pravin Prasad @ Pravin Yadav Son of Late Suresh Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda. 7.

Manoj Kumar Son of Surendra Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda.

8.

Sudhir Yadav S/o Bilash Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda.

9.

Surendra Yadav S/o Bilash Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda.

10.

Suren Yadav @ Surendra Yadav Son of Kameshwar Yadav Resident of Village- Birju Bigha, P.S.- Khodaganj, Distt- Nalanda. 11.

Bimal Kumar Son of Saryug Yadav @ Saryu Yadav Resident of VillageBirju Bigha, P.S.- Khodaganj, Distt- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Umesh Kumar Verma, APP CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-10-2021 Learned counsel for the petitioners seeks permission

Patna High Court CR. MISC. No.5778 of 2021(2) dt.22-10-2021 2/3 to withdraw the application of petitioner nos. 1, 2 and 6 to 11, since during the pendency of this application, they have been arrested.

Permission is accorded.

Accordingly, the application of petitioner nos. 1, 2 and 6 to 11 is dismissed as withdrawn.

Heard learned counsel for the petitioner nos. 3 to 5 and the learned A.P.P. for the State.

The petitioner nos. 3 to 5 apprehend their arrest in connection with Khudaganj P.S. Case No. 56 of 2020 registered under Sections 147, 148, 149, 452, 341, 323, 325, 354, 379 and 307 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that petitioners are women. They are innocent and have falsely been implicated in the present case. There is case and counter case between the parties. Both the parties have sustained injuries in the alleged occurrence. Having considered the facts and circumstances of the case, let the above named petitioner nos. 3 to 5 be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of A.C.J.M., Hilsa, Nalanda in

Patna High Court CR. MISC. No.5778 of 2021(2) dt.22-10-2021 3/3 connection with Khudaganj P.S. Case No. 56 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T