Tarun Yadav @ Tarun Kumar Yadav @ Tarun Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13425 of 2015 Arising Out of PS.Case No. -82 Year- 2014 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================

1. Tarun Yadav @ Tarun Kumar Yadav @ Tarun Kumar, Son of Yamuna Yadav

2. Mahesh Yadav

3. Suresh Yadav

4. Awadh Bihari Yadav All are sons of Srichandra Yadav

5. Tantan Yadav@Tantan kumar Son of Mahesh yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2015 Since petitioner no.2 Mahesh Yadav has been arrested, learned counsel for the petitioners seeks permission to withdraw this application with respect to him only.

Permission is granted.

Accordingly, this application with respect to petitioner no.2 only stands dismissed as withdrawn.

Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Section341, 323, 504, 506, 447, 354A/34 of the Indian Penal Code section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that on 18.09.2014 the accused persons came to the house of the informant made assaulted and asked her to vacate

Patna High Court Cr.Misc. No.13425 of 2015 (2) dt.06-05-2015 2/2 the house as the same has been claimed to be purchased by the accused persons.

It is submitted by learned counsel for the petitioners that no injury was caused to the informant and for the initial occurrence of 18.09.2014, the FIR was registered on 21.09.2014 and in the background dispute with regard to title of the land the accusation has been levelled. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent and admittedly the occurrence took place inside the house of the informant and not in the public view.

Considering the aforesaid facts, let the above named petitioners (except petitioner no.2) 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 furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with SC/ST P.S. Case No.82 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T