Jaddu Yadav @ Yadu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6494 of 2018 Arising Out of PS. Case No.-801 Year-2017 Thana- BANKA District- Banka ======================================================

1. JADDU YADAV @ YADU YADAV, S/o Late Phakir Yadav,

2. Kamna Devi @ Kamiya Devi @ Karuna Devi, W/o Jaddu Yadav, Both resident of Village- Eksingha, Police Station- Banka, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 448, 341, 323, 307, 379 and 506/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 28.11.2017 submitted by Sushma Devi to the Station House Officer, Banka Police Station is to the effect that on 27.11.2017, the informant was in her house, in the meantime, the daughter-in-law of the informant (petitioner no.2) and son petitioner no.1 along with two unknown persons entered into the house and they tried to strangulate her. On alarm being raised, Bhartendu Yadav, Rajhans Yadav, Anil Yadav and other villagers

Patna High Court Cr.Misc. No.6494 of 2018(2) dt.02-02-2018 2/3 came to her rescue, when petitioner no.1, Yaddu Yadav and two unknown persons assaulted them. It is further alleged that petitioner no.1 took away Rupees Seven Thousand kept in a box and threatened the informant to the effect that until she transferred her land in favour of the accused persons, they will not allow them to live peacefully.

It is submitted by learned counsel for the petitioners that the petitioners are the son and daughter-in-law of the informant. At earlier point of time, petitioner no.2 lodged Banka P.S. Case No.665 of 2017 against the present informant. Moreover, there is nothing on record to suggest that the informant caused any injury. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the accusation being not corroborated with the medical opinion coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on

Patna High Court Cr.Misc. No.6494 of 2018(2) dt.02-02-2018 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Banka, in connection with Banka P.S. Case No.801 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T