Jagannath Yadav @ Jagarnath Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74087 of 2018 Arising Out of PS. Case No.-489 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ======================================================
1. Jagannath Yadav @ Jagarnath Yadav, Son of Vidya Sagar Ray,
2. Rahul Kumar alias Abhijeet Kumar, Son of Jagarnath Yadav, Both residents of Village- Sisauni Rajauli, P.S.- Sadar, DistVaishali.
3. Sharvan Kumar, Son of Mani Bhushan Singh, Resident of Village- Saidpur Rajauli, P.S.- Sadar Hajipur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar For the Opposite Party/s :
Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend arrest in connection with Hajipur Sadar Police Station Case No. 489 of 2018 registered for offence punishable under sections 147, 149, 447, 354, 379, 323, 504, 506 of the Indian Penal Code and section 27 of the Arms Act.
As per FIR, these petitioners along with 8-10 unknown persons came at the house of informant, assaulted the informant and her family members and also tried to outrage her modesty, besides that they also snatched a golden chain and threatened for dire consequences.
Patna High Court Cr.Misc. No.74087 of 2018(2) dt.17-12-2018 2/3 It has been submitted that petitioner no. 1 purchased 5.27 dhur land from the co-sharer of informant by virtue of registered sale deed no. 4952 dated 13.7.18. The said purchase caused the informant and so in order to harass the petitioner she lodged this case with false and frivolous allegation. The allegation of snatching golden chain and household articles and trying to outraging her modesty is omnibus. It was the informant and her family members who entered into the shop of petitioner and assaulted him for which the petitioner lodged Sadar P.S. Case No. 488 of 2018 for the offences under section 379, 385 and other allied section of the Indian Penal Code against them. The dispute arose for land which has been purchased by the petitioner.
Considering the nature of allegation, facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar Police Station Case No. 489 of 2018, subject to the conditions as laid
Patna High Court Cr.Misc. No.74087 of 2018(2) dt.17-12-2018 3/3 down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) mkchy/- U T