Rajesh Yadav And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.22402 of 2017 (3) dt.01-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22402 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -KATEYA District- GOPALGANJ ======================================================
1. Rajesh Yadav Son of Ramashish Yadav.
2. Ramdeo Yadav, Son of Udho Yadav.
3. Raju Yadav, Son of Ramashish Yadav.
4. Umesh Yadav, Son of Ramdeo Yadav.
5. Kamlawati Devi, Wife of Ramdeo Yadav.
6. Sanju Devi, Wife of Lalan Yadav. All are Resident of Village- Rampur Kala Tola, Kapardhika, P.S. Kateya, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Adv. For the Opposite Party/s : Mr. Sri Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Kateya P.S. Case No. 80 of 2016 , Tr. No. 615 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 308, 504, 506 and 379 of the Indian Penal Code. Learned counsel for the petitioners submits that this case is a counter blast of Katiya P.S. Case No. 75 of 2016, which was lodged on 02.04.2016 itself whereas this case was lodged on 04.04.2016. This case has been lodged entirely with false and frivolous allegation. After investigation, the petitioners have not been sent up for trial and their
Patna High Court Cr.Misc. No.22402 of 2017 (3) dt.01-07-2017 implication have been found false and as such, these petitioners deserve sympathetic consideration. Copy of the final form is at annexure-2. Learned A.P.P. after going through annexure-2 fairly submits that these petitioners have not been sent up for trial. 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 the learned Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 80 of 2016, Trial No. 615 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) brajesh/- U T