Nanhak Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25934 of 2016 Arising Out of PS.Case No. -101 Year- 2016 Thana -CHANDAUTI District- GAYA ======================================================
1. Nanhak Yadav, S/o Krishna Yadav,
2. Hippa Yadav, S/o Krishna Yadav, Both of R/o Vill- Balana, P.S.- Chandauti, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Adv. For the Opposite Party/s : Mr. M.Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-07-2016 Heard the counsel for the petitioners and Mr. Dayal APP for the State.
The petitioners apprehend their arrest in connection with Chandauti P.S. case no. 101 of 2016, registered under Sections 341,323,324,326,307,379,427 and 504/34 of the IPC. Allegation against the petitioners is of assaulting indiscriminately the daughter-in-law of the informant. In supplementary affidavit, the injury report of Kanchan Devi has been enclosed which indicates that she received one lacerated wound on the head which was opined to be simple in nature. The further allegation is of causing injury to Niraj Kumar which is again said to be simple in nature. It is stated that both the parties are agnates. For the incident that occurred on that date a counter case is also lodged by co-accused of this case in which
Patna High Court Cr.Misc. No.25934 of 2016 (2) dt.11-07-2016 2/2 also injuries were sustained. Petitioners have no criminal antecedents.
In the facts and circumstances of the case this Court is inclined to extend the privilege of anticipatory bail to the petitioners. Let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, 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 the learned CJM Gaya, in connection with Chandauti P.S. case no. 101/2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner(s).
(ii) As soon as the charges are framed the petitioner(s) shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner(s) and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T