Ramesh Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56411 of 2017 Arising Out of PS.Case No. -11 Year- 2016 Thana -NADI NAINAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Ramesh Yadav, Son of Dahari Yadav,
2. Chinta Kumari, D/o Dahari Yadav,
3. Brijesh Yadav, Son of Dahari Yadav,
4. Indrawati Kumari, D/o Dahari Yadav,
5. Ambika Yadav, Son of Murat Yadav,
6. Mohan Yadav, S/o Ambika Yadav, All are resident of Village- Mujawna, P.S.- Nadi, District- West Champaran.
7. Munshi Yadav, Son of Thag Yadav, Resident of Village- Bairiya, P.S.- Bishunpura, District- Kushinagar (U.P.) .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar Sinha For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Nadi P.S. Case No. 11 of 2016 instituted for the offence under Section-436 & other minor Sections of the Indian Penal Code.
It is alleged in the written report that Dahari Yadav and his wife Tetri Devi entered into the house of the informant. Tetri Devi sprinkled K. oil over the fush house and Dahari Yadav set the house of the informant on fire.
It is not clear from the written report that the aforesaid Phus house was used by informant as a human dwelling.
Patna High Court Cr.Misc. No.56411 of 2017 (2) dt.01-12-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Nadi P.S. Case No. 11 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bagaha West Champaran subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) A.K.V./- U T