Rajendra Yadav And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36629 of 2014 Arising Out of PS.Case No. -7 Year- 2014 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Rajendra Yadav S/o Shri Dukhi Yadav

2. Santosh Yadav @ Santosh Kumar S/o Shri Ramsevak Yadav

3. Satish Kumar Yadav S/o Shri Ramsevak Yadav All Resident of villageDubiyahi, P.S.- Kishanpur, Distt.- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-02-2015 Heard counsel for the parties.

The petitioners having been cited as accused(s) in the FIR giving rise to Kishanpur P.S. Case No.07/14 instituted u/ss 341,323,354,448, 380 and 506/34 IPC seek anticipatory bail. As per the FIR three accused persons at the dead of night intruded into the house of the informant and committed theft. While retreating two of them dragged the daughter of the informant in order to kidnap her. When the accused(s) were accosted it is said that one of them whipped out a pistol in order to threaten the informant and other family members. Counsel for the petitioners submits that owing to sworn enmity the present FIR has been lodged. The petitioners do not

Patna High Court Cr.Misc. No.36629 of 2014 (2) dt.20-02-2015 2 / 2 carry criminal antecedents.

Learned APP has opposed the prayer and submitted that from bare reading of the FIR it would appear that the petitioners in a dare-devil manner not only committed theft but also tried to molest and kidnap the daughter of the informant. Having considered the submissions of the parties, in my view the petitioners do not deserve the privilege of anticipatory bail. Their prayer for bail is rejected.

If the petitioners surrender and pray for regular bail the court below shall consider the same on its own merit uninfluenced by the present order.

(Kishore Kumar Mandal, J) HR/- U