Pago Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43655 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -HALSI District- LAKHISARAI ======================================================
1. Pago Yadav,
2. Kripali Yadav, Both Sons of late Chamru Yadav,
3. Nawlesh Yadav @ Nawlesh Kumar @ Nalalesh Yadav @ Nawley Yadav@Nawley, Son of Pago Yadav All residents of Village- Choraha, P.S. Ramgarh Chowk, District Lakhisarai.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State. The petitioners apprehends their arrest in connection with Halsi P.S. Case no. 81 of 2016, registered under Sections 341, 323, 448, 354, 379, 307, 427, 384, 504, 143 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation of informant Ranju Devi is that in the evening of 14.06.2016 Tuntun Yadav, Pago Yadav (Petitioner), Kripali Yadav (Petitioner), Pravesh Yadav and Nablesh Yadav (Petitioner) came at the house of the informant and with bad intention unfolded her clothes. At that time, Pago Yadav (Petitioner) snatched golden ear ring and Mangalsutra total worth of Rs. 40,000/- from the informant and Kripali Yadav tried to press the neck of his son, when she raised alarm then she was assaulted by iron rod by Pravesh Yadav. At that time, Nawlesh Yadav was present at the door of the informant armed with pistol. The accused persons also took cash of Rs. 2,00,000/- from the
Patna High Court Cr.Misc. No.43655 of 2016 (2) dt.18-10-2016 2/2 cement shop of the informant and demanded ransom of Rs. 5,00,000/- from the informant.
Learned counsel for the petitioners submits that, in fact, Tuntun Yadav brother of petitioner No.1 and 2 was a candidate in the election of Panchayat Samiti and won the said election, whereas the informant also contested the election of Mukhiya of Gram Panchyat. Later on, co-accused Tuntun Yadav has been elected as Up-Pramukh of Lakhisarai Panchayat Samiti and due to election rivalry this false case has been lodged by the informant. Further submission is that occurrence took place on 14.06.2016 and the F.I.R. was lodged on 16.06.2016.
On the other hand learned counsel for the informant submits that, in fact, co-accused Tuntun Yadav wants to perform marriage with the daughter of the informant, but informant does not want to perform marriage of her daughter from said Tuntun Yadav. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 81 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T