Brahmdeo Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45886 of 2017 Arising Out of PS.Case No. -580 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================
1. Brahmdeo Yadav son of Late Bhuneshwar Yadav.
2. Wokil Yadav son of Brahmdeo Yadav.
3. Jeka Yadav @ Jeka Kumar son of Brahmdeo Yadav.
4. Lalita Devi wife of Brahmdeo Yadav.
5. Reena Devi @ Rani Devi wife of Wokil Yadav. All are resident of Village- Sahpur, Ward No. 06, Police Station and District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Goutam For the Opposite Party/s : Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Saharsa P.S. Case No. 580 of 2017 registered for offences under sections 341, 323, 504, 326, 379, 427, 506 and 34 of the Indian Penal Code.
An allegation has been made that the petitioners are musclemen, they wanted to grab the homestead land of the Informant. When the Informant's family were not present in the house, they started making construction of house, when she objected for the same, they started assaulting her as a result of
Patna High Court Cr.Misc. No.45886 of 2017 (2) dt.10-10-2017 which she fell down in unconscious state and the accused persons took away her golden chain worth Rs. 50,000/-. Learned counsel for the petitioners submits that there is no specific allegation against the persons. Looking to the nature of allegation and the manner they have caused injury to the Informant, the prayer for anticipatory bail of the petitioner nos. 1, 2 & 3, namely, Brahmdeo Yadav, Wokil Yadav and Jeka Yadav @ Jeka Kumar is rejected. Looking to the allegations made against the petitioner nos. 4 & 5, namely, Lalita Devi and Reena Devi @ Rani Devi, being lady, are given benefit of privilege of anticipatory bail. Accordingly, let the petitioner nos.
4 & 5, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 580 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shivaji Pandey, J) Rishi/- U T