Patna High CourtCR. MISC./60313/2018bail granted

Kare Yadav And ANR v. The State Of Bihar

2018-10-06Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.60313 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60313 of 2018 Arising Out of PS.Case No. -508 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Kare Yadav

2. Pam Pam Yadav Both sons of Late Rajendra Yadav, resident of Dan Nagar Ward No. 05, Police Station and District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.10.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Khagaria (Mufassil) P. S. case no. 508/2018 registered under sections 341, 323, 307, 354 and 386/34 of the IPC. Petitioners are said to have assaulted the informant as well as his son and also made attempt to outrage modesty of the informant's wife. However, it is submitted that much prior to intuition of the present case, mother of the petitioners lodged Khagaria P. S. case no. 266/2018 and moreover, there is land dispute between the parties for which civil suit is pending.

Patna High Court Cr.Misc. No.60313 of 2018 (2) dt.06-10-2018 Learned counsel for the petitioners further submits that the impugned order of In-charge Sessions Judge, Khagaria goes to show that no injury report was found on the case diary.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in Khagaria (Mufassil) P. S. case no. 508/2018 subject to condition as laid down under section 438(2) of the Cr.P.C. shahid (Hemant Kumar Srivastava,J) U T