Pramod Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3089 of 2018 Arising Out of PS. Case No.-532 Year-2017 Thana- BANKA District- Banka ======================================================

1. Pramod Yadav, son of Late Chandradwo Yadav,

2. Shanti Devi, wife of Amod Yadav,

3. Puja Devi @ Puja Kumari, D/o- Amod Yadav All are resident of village Deshariya, P.S. + District- Banka. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. MD. ANSARUL HAQUE ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-01-2018 Heard both sides.

Prayer is for grant of anticipatory bail in Banka P.S. Case No. 532 of 2017 registered under sections 147, 149, 323, 337, 353, 225(A) of the Indian Penal Code.

Pursuant to the non-bailable warrant issued against Amod Yadav, cousin of petitioner no. 1, wife of petitioner no. 2 and father of petitioner no. 3, the Police party had gone to arrest Amod Yadav. Arrest was effected but petitioners obstructed in due discharge of the duty and pelted stone as a result thereof, arrested accused fled away. Learned counsel made diverse submissions, however, it is pointed out that petitioner no. 3 is unmarried daughter of the arrested accused.

Patna High Court Cr.Misc. No.3089 of 2018(2) dt.16-01-2018 2/2 Counsel for the State, while opposing the prayer, submits that there is allegation against all of them of having obstructed the Police Officer in due discharge of duty which is a serious offence.

Regard being had to the submissions made at the Bar and on going through the relevant materials reflecting from the record, the Court is not inclined to direct release of petitioner nos. 1 and 2 on anticipatory bail. Their prayer for anticipatory bail is rejected.

Let petitioner no. 3 abovenamed be released on anticipatory bail in the event of her arrest or surrender in the court below within four weeks from today on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in Banka P.S. Case No. 532 of 2017 subject to the condition laid down under section 438(2) Cr.P.C. with further condition that one of the bailors shall be own/close family member of the petitioner.

(Kishore Kumar Mandal, J) Pankaj/- U T