Surender Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51504 of 2017 Arising Out of PS. Case No.-36 Year-2017 Thana- SALAIYA District- Aurangabad ======================================================
1. Surender Yadav,
2. Ravindra Yadav Both are Sons of Late Soher Yadav,
3. Shivarti Kuer W/o Late Soher Yadav, All are the R/o Village- Chanki Bigha, P.S.- Salaiya, DistrictAurangabad. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh For the Opposite Party/s :
Mr. SRI VINOD SHANKAR MODI ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Salaiya P. S. Case No. 36 of 2017 registered for the offences punishable under Sections 341, 323, 308, 325, 504/34 of the Indian Penal Code.
Allegedly, the informant gave two Sheesham Trees of his share to Mahendra Yadav after taking Rs. 6,000/- and when Mahendra Yadav began to cut the tree the petitioners and other co-accused arrived there, abused and assaulted the informant with khanti, tangi and iron rod and when Babloo the son of the informant came to rescue he was also assaulted by them. Shivrati Kuer assaulted the informant with iron rod. Submission is of false implication and that no offence
Patna High Court Cr.Misc. No.51504 of 2017(3) dt.15-12-2017 2/2 under Section 308 IPC is made out and rest sections are bailable, the parties have compromised the case and compromise petition was also filed in the court below, learned Sessions Judge considered the compromise petition but did not grant the pre-arrest bail.
Learned APP fairly submits that the dispute between the parties has been settled.
In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Salaiya P. S. Case No. 36 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T