Radha Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49577 of 2015 Arising Out of PS.Case No. -74 Year- 2002 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Radha Yadav

2. Chuman Yadav, sons of Late Indradeo yadav, Both resident of village - Bagahwa Tand, P.S. - Dhanaha, District - West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kishore Choudhary For the Opposite Party/s : Mr. U.L.Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-12-2015 Heard the learned counsel for the petitioners as well as the learned A.P.P.

The petitioners seek bail in a case for the offences punishable under sections 363 and 365/34 of the I.P.C The petitioners are not named in the FIR and taking into consideration the fact that on a call for amnesty by the Government the petitioners surrendered before the administration on 23.09.2013 and thereafter was remanded in the present case on 06.12.2013.

Submission is of false implication and the victim during captivity has heard some names and he has been released and on that basis the petitioner's names have transpired but as the

Patna High Court Cr.Misc. No.49577 of 2015 (2) dt.15-12-2015 2/2 petitioners want to live as part of the society and have voluntarily surrendered and as such they deserve sympathetic consideration. The learned A.P.P. after going through the case diary fairly submits that the petitioners have voluntarily surrendered with their arms before the police personnel.

In the facts and circumstances as stated above, the petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of 2nd Adhoc A.D.J. Bagaha, West Champaran in S.Tr. No. 21 of 2014 arising out of Chautarwa P.S. Case No. 74 of 2002, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T