Bidyanand Yadav And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50074 of 2015 Arising Out of PS.Case No. -503 Year- 2014 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Bidyanand Yadav, Son of Ghanshyam Yadav

2. Rahul Kumar Yadav @ Rahul Kumar, son of Bidyanand Yadav, Both are resident of village- Rohipur, P.S.- Mansi, Dist.- Khagaria. .... .... Petitioners

Versus

1. The State of Bihar.

2. Ram Bilash Das S/o Late Baldeo Das R/o village- Rohiyar, P.S.- Mansi, Dist.- Khagaria.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Rai 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Complaint Case No.503 C of 2014 for the offences instituted under Sections 323 and 504 of the Indian Penal Code and section 3(i)(x) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.

The prosecution story, in brief, is that the complaint case has been registered on the basis of protest petition which has been treated as complaint case wherein it is basically mentioned that on 13.7.2012 at 5.00 P.M. The complainant was going to his

Patna High Court Cr.Misc. No.50074 of 2015 (4) dt.09-02-2016 2/2 house then the petitioner along with co-accused abused him by caste name, assaulted and petitioner Bidya Nand Yadav snatched Rs.1000/-.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. Police after investigation has submitted a final form in the present case. The informant and the petitioners are neighbours and for petty differences, this false case has been instituted. On behalf of the State, it is submitted that the petitioners are named in the complaint petition. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Khagaria, in connection with Complaint Case No.503 C of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) N.H./- U T