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Patna High CourtCR. MISC./29243/2015bail granted

Uday Ram Yadav And ORS v. The State Of Bihar

2015-07-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29243 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Uday Ram Yadav S/o Late Shobha Yadav

2. Komal Yadav S/o Late Shobha yadav

3. Jai Shree Yadav S/o Late Shobha Yadav All Resident of Village Shiorampur, P.S. Chand, District Kaimur (Bhabhua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh For the Opposite Party/s : Mr. Sadanand Paswan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehend arrest in a case registered for the offences punishable under sections 341, 3346, 504/34 of the Indian Penal Code and Section 3(1) S of the S.C./S.T. (Prevention of Atrocities) Act.

It is alleged that the accused persons were trying to encroach upon the land of the informant by erecting pillars over the said land and when the informant objected then the accused persons abused and assaulted the informant by taking the name of her caste.

On behalf of the petitioners it is submitted that

Patna High Court Cr.Misc. No.29243 of 2015 (2) dt.27-07-2015 there is admitted land dispute and the petitioners had also earlier filed a case against the informant. From narration of the F.I.R. it would appear that the provision of S.C. S.T. Act is not attracted as the same has not taken place in public view.

On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R. Considering the facts aforesaid, let the petitioners above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, be enlarged on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Chand P.S. Case no. 10 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Sudhir Singh, J) Amin/- U