Mathura Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27777 of 2015 Arising Out of PS.Case No. -61 Year- 2014 Thana -SC/ST District- JAMUI ======================================================
1. Mathura Yadav Son of Sugo Yadav
2. Pradip Yadav Son of Sri Mathura Yadav Both resident of village - Nichli Seva, P.S. Gidhaur, District - Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2015 Heard both sides.
The petitioners apprehend their arrest in a case under Section 354, 323 and other sections of the Indian Penal Code and section 3(x) of SC and ST Act.
The complainant made allegation that her husband asked the petitioners to remove woods from the door of his house but the accused persons picked up quarrel and when the complainant came out the accused persons also abused her by naming her caste and assaulted her after pulling her clothes. It is submitted that petitioners are next door neighbours and the occurrence took place on 26.06.2014 but the complaint petition was filed on 17.07.2014, that is, three weeks
Patna High Court Cr.Misc. No.27777 of 2015 (2) dt.22-07-2015 2/2 after the occurrence and this fact itself shows the falsity of allegation.
On the other hand, Mr. Ambika Bhagat, the learned Special Public Prosecutor, opposed the prayer for anticipatory bail.
Considering the facts aforesaid and the nature of allegations made against the petitioners and the fact that the case was lodged after three weeks of the occurrence, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in complaint Case No. 61 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T