Patna High CourtCR. MISC./45639/2015bail granted

Bindu Yadav And ORS. v. The State Of Bihar

2015-10-15Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.45639 of 2015 (2) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45639 of 2015 Arising Out of PS.Case No. -11 Year- 2014 Thana -HARIJAN District- PATNA ======================================================

1. BINDU YADAV, SON OF MOHAN YADAV,

2. PRINCE YADAV, SON OF BINDU YADAV,

3. VINAY YADAV, SON OF KUNWAR YADAV,

4. VIKASH YADAV, SON OF SUBHASH YADAV,

5. RIPHAL YADAV, SON OF KUNWAR YADAV, 6.SANTOSH YADAV, SON OF SHIV MANGAL YADAV, ALL RESIDENTS OF VILLAGE - KANCHANPUR, KHARAGPUR TOLA, POLICE STATION - BIHTA, DISTRICT - PATNA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with SC/ST (Patna) P.S. Case No. 11 of 2014 registered under Sections 147, 148, 149, 323, 325, 452, 341 and 504 of the Indian Penal Code and Section 3(1)(x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The accusation is that petitioners and four others named in the complaint petition reached in the house of the complainant/informant, Rabindra Paswan, and caused injury through Lathi and Iron rod denoting his caste name. In the meantime, when Wakil Paswan, brother of informant, tried to save

Patna High Court Cr.Misc. No.45639 of 2015 (2) dt.15-10-2015 him then brother of informant has also caused fracture injury. Cause of occurrence is of trying to outrage the modesty of minor daughter of the informant by petitioner nos. 2 and 6. Learned counsel for the petitioner submits that on 08.10.2014, Naga Yadav put the hook at Electric Pole on which Niraj Kuamar Paswan made protest in that course hot talk was exchanged and Panchyati was arranged to maintain the peace, in which, the informant of the present case and the petitioner no. 6 also put their signature but due to ulterior motive and undue pressure regarding the occurrence dated 08.10.2014 informant filed Complaint Case No. 1299C of 2014 in the court of A.C.J.M., Danapur, which is the basis of the F.I.R. in the present case.

Considering the aforesaid submissions, 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 six 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 S.D.J.M., Danapur, Patna, in connection with ST/ST (Patna) P.S. Case No. 11 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.