Rajendra Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38200 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -KADWA District- KATIHAR ======================================================

1. Rajendra Yadav, Son of Late Tirthu Yadav.

2. Chandan Yadav, Son of Late Kailash Yadav. Both Resident of VillageGothaura, Police Station- Kadwa, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ravindra Yadav, Son of Late Khokhai Yadav, Resident of VillageGothaura, Police Station- Kadwa, District- Katihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Chandra Prasad For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-09-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341,323,325,307 and 379/34 of the Indian Penal Code. It is specifically alleged against petitioner no. 1 to have assaulted to the mother of the informant whereas it is alleged against petitioner no. 2 to have snatched five thousand rupees. It is submitted by the learned counsel for the petitioners that due to family dispute the accusation has been levelled against the informant who is paternal aunt of petitioner no. 1. Statement has been made in paragraph 3 of the petition that the petitioners

Patna High Court Cr.Misc. No.38200 of 2015 (2) dt.23-09-2015 2/2 have no criminal antecedent. It is further submitted that the impugned order reflects that the injury of the mother of the informant has been found to be grievous.

Considering the aforesaid facts, let the learned court below consider the prayer for regular bail of the petitioner no.1 in case the petitioner no. 1 surrenders within six weeks from today in connection with Kadwa P.S. Case No. 76 of 2015 pending in the court of learned C.J.M. Katihar.

So far petitioner no. 2 is concerned, since the accusation of assault is not levelled against him, let him be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T