Vishunath Yadav @ Vishwanath Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 47542 of 2014 Arising Out of PS.Case No. -128 Year- 2013 Thana -THAKRAHA District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Vishunath Yadav @ Vishwanath Yadav Son of Late Ramdhari Yadav.

2. Kamlesh Yadav S/o Suresh Yadav.

3. Heera Lal Yadav, S/o Vishwanath Yadav.

All resident of village- Rupahi Tar, P.S.- Thakaraha (Bhitaha), District- West Champaran.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr.

For the Opposite Party : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 2.

04-03-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in Thakraha (Bhitaha) P.S. Case No. 128 of 2013 dated 11.08.2013 instituted under Sections 341/323/504/316/34 of the Indian Penal Code. Learned counsel for the petitioners submits that though they are named along with another co-accused but the allegation is only that they had abused the informant and lateron pushed her on the ground due to which pregnancy of three months got terminated, but the same is false. Learned counsel submits that even if such thing happened, the only allegation is that the informant was pushed on the ground and the result may be unfortunate but neither deliberate nor preplanned. It is submitted that the petitioners having no criminal antecedent are

Patna High Court Cr.Misc. No.47542 of 2014 (2) dt.04-03-2015 2/2 in custody since 11.09.2014, 16.09.2014 and 13.09.2014 respectively. Learned counsel has also drawn the attention of the Court to the fact that co-accused Lalan Yadav has been granted bail by a co-ordinate Bench of this Court on 25.08.2014 in Cr. Misc. No.25305 of 2014.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in Thakraha (Bhitaha) P.S. Case No. 128 of 2013. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall lead to cancellation of their bail bonds.

(Ahsanuddin Amanullah, J.) Anand Kr.

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