Sahender Yadav @ Sahendra Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54253 of 2017 Arising Out of PS.Case No. -252 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. Sahender Yadav @ Sahendra Yadav,

2. Satendar Yadav @ Satyendra Yadav, Both Sons of Lalan Yadav, resident of Village- Kritsagar, P.S.- Brahmpur (Krishna-Brahm), District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Brahmpur (Krishna-Brahm) P.S. Case No. 252 of 2017 instituted for the offence under Sections 447, 341, 323, 504, 354(B), 379, 427, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is case and counter case between the parties. The father of the petitioners Lalan Yadav has also filed Brahmpur (K.B) P.S. Case No. 253 of 2017 against the informant and others. In the instant case there is allegation that on instigation of Lalan Yadav, these petitioners assaulted the

Patna High Court Cr.Misc. No.54253 of 2017 (3) dt.19-01-2018 2/3 daughter and wife of the informant and attempted to outrage modesty of the daughter of the informant and also snatched silver chain from her neck.

It has been submitted that these petitioners are own brothers and they are students. The have clean antecedent. It has further been submitted that the instant case has been filed by the informant as a retaliation of lodging complaint by petitioner No. 1 and others against the informant before the local administration for encroaching public land by the informant. The copy of the aforesaid petition has been enclosed as Annexure-3. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Brahmpur (Krishna Brahm) P.S. Case No. 252 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.54253 of 2017 (3) dt.19-01-2018 3/3 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

( Sanjay Priya, J) S.Ali/- U T