Shaligram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5042 of 2021 Arising Out of PS. Case No.-4 Year-2020 Thana- LUTUA District- Gaya ====================================================== 1.

SHALIGRAM YADAV S/O CHOKI YADAV RESIDENT OF VILLAGEJIKATIYA, P.O.-PARUHARA, DISTRICT-GAYA 2.

RUBI DEVI W/O BALDEO YADAV RESIDENT OF VILLAGEJIKATIYA, P.O.-PARUHARA, DISTRICT-GAYA 3.

SONWA DEVI @ SONA DEVI W/O SHALIGRAM YADAV RESIDENT OF VILLAGE-LUTUA TOLA BAHERA, POLICE STATION-LUTUA, DISTRICT-GAYA.

4.

SAMUNDARI DEVI @ SUNDARI DEVI W/O SHAMBHU YADAV RESIDENT OF VILLAGE-LUTUA TOLA BAHERA, POLICE STATIONLUTUA, DISTRICT-GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-09-2021 Heard Mr. Dharmesh Kumar, the learned counsel for the petitioners and the learned APP for the State. Mr. Kumar, learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner no. 1, who has been arrested during the pendency of this petition.

The application with respect to petitioner no. 1/Shaligram Yadav is dismissed as having become infructuous.

Patna High Court CR. MISC. No.5042 of 2021(2) dt.10-09-2021 2/3 The petitioner nos. 2 to 4 seek bail in anticipation of their arrest in connection with Lutua P.S. Case No. 4/2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code. The accusation against the petitioners is of having assaulted the members of the prosecution party. Learned counsel for the petitioners has submitted that the petitioner no. 2 had also filed a case against the informant vide Lutua P.S. Case No. 3 of 2020 for having violated the restraint order passed by the CEO, Bankey Bazar, Gaya. An Encroachment Case was initiated against the informant vide Encroachment Case No. 4/2019-20 for him and others having carried out construction over a Government land. This perhaps is the bone of contention between the parties. Hence, the implication of the petitioner nos. 2 to 4 along with petitioner no. 1, whose case has become infructuous.

Considering the nature of accusation and the background facts, the petitioner no. 2/ Rubi Devi, petitioner no. 3/ Sonwa Devi @ Sona Devi and petitioner no. 4/

Patna High Court CR. MISC. No.5042 of 2021(2) dt.10-09-2021 3/3 Samundari Devi @ Sundari Devi are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Lutua P.S. Case No. 4/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T