Sachin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56551 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- BHARGAMA District- Araria ====================================================== 1.
Sachin Yadav, S/o Late Jagdeo Yadav R/o village- Raghunathpur South, Ward No. 1, P.S.- Bhargama, District- Araria 2.
Renu Devi, W/o Sachin Yadav R/o village- Raghunathpur South, Ward No. 1, P.S.- Bhargama, District- Araria 3.
Matar Yadav @ Bal Krishn Yadav, S/o Sadanand Yadav R/o villageRaghunathpur South, Ward No. 1, P.S.- Bhargama, District- Araria 4.
Kundan Yadav S/o Matar Yadav @ Balkrishn Yadav, R/o villageRaghunathpur South, Ward No. 1, P.S.- Bhargama, District- Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Naushad Uzzoha For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Bhargama P.S. Case No.86 of 2019 for the offence punishable under Sections 341, 323, 324, 354B, 379, 504, 506/34 of the Indian Penal Code.
The allegation against the petitioners as per the First Information Report is that while the informant was returning from toilet, he saw that the petitioner No.1 was ploughing the disputed land and when the informant protested suddenly
Patna High Court CR. MISC. No.56551 of 2019(2) dt.05-09-2019 2/3 petitioner started abusing the informant and assaulted him by slaps and fists. It has further been alleged that the petitioners thereafter arrived at the resident of the informant and assaulted the wife of the informant and also outraged the modesty of the informant's wife.
Learned counsel for the petitioners submits that both the parties are related inasmuch as petitioner No.1 is own brother of informant. Petitioner No.2 is wife of petitioner No.1 and petitioner No.3 and 4 are neighbour of the informant. Learned counsel further submits that there is admitted land dispute between the parties and they have falsely been implicated in this case. Learned counsel further submits that there is previous dispute between the parties inasmuch as earlier in the year 2018, Bhargama P.S. Case No.79 of 2018 was lodged by petitioner No.1 against informant and others. After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are related and there is previous land dispute between them, as such, I am inclined to grant anticipatory bail to all the petitioners. Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a
Patna High Court CR. MISC. No.56551 of 2019(2) dt.05-09-2019 3/3 period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kumud Ranjan, learned Judicial Magistrate Ist Class, Araria, subject to the condition as mentioned under Section 438
(2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T