Maneshwar Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6830 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -SC/ST District- ARRARIA ======================================================

1. Maneshwar Yadav, son of Late Nathru Yadavv

2. Dhaneshwar Yadav, son of Late Nathru Yadavv

3. Upendra Yadav Son of Meneshwar Yadav

4. Sahendra Yadav Son of Dhaneshwar Yadav

5. Manoj Yadav, Son of Janardan Yadav, All are resident of Village- Amgachhi, Police Station- Tarabari in the district of Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 15-02-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 341, 379, 354A, 452, 504, 506/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act.

Patna High Court Cr.Misc. No.6830 of 2016 (2) dt.15-02-2016 2/3 The prosecution case is that on 16.06.2015 at 8.00 P.M. the accused persons entered into the courtyard of the informant, dismantled the hutment and on protest being made assaulted the informant and his wife and abused by calling caste name. The accused persons threatened to dispossess the informant from the field.

It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of litigated relationship between the parties. At earlier point of time Complaint Case No. 1957 of 2015 was filed by the petitioners' side against the informant side and on the basis of Case No. 691 MP/15 proceeding under Section 133 Cr.P.C. was initiated. For the occurrence of 16.06.2015 the FIR was registered on 14.07.2015.

Considering the delayed lodging of the case and the accusation being levelled in the background of litigated relationship between the parties, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.6830 of 2016 (2) dt.15-02-2016 3/3 Magistrate, Araria in connection with Araria SC/ST P.S. Case No. 41 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T