Sarju Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10646 of 2018 ======================================================
1. Sarju Yadav, Son of Devki Yadav,
2. Ram Ekwal Yadav, Son of Suraj Yadav.
3. Akhilesh @ Akhilesh Yadav, Son of Bilas Yadav @ Ram Bilash Yadav.
4. Dinesh Yadav, Son of Bilas Yadav @ Ram Bilash Yadav.
5. Santosh Yadav, Son of Akhilesh Yadav.
6. Ravindra Yadav, Son of Hulas Yadav,
7. Mandal Yadav, Son of Dinesh Yadav,
8. Bijendra Yadav, Son of Mundrika Yadav. all residing at Village- Bara Faridpur, P.S.- Kurtha, District- Arwal.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Binod Kumar, Advocate For the Opposite Party : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard.
The petitioners apprehend arrest in connection with Kurtha P.S.Case No.163 of 2017 registered for an offence under Section 307 and other allied Sections of the IPC. It has been submitted that the petitioners are neighbours of the informant and on the date of occurrence, the informant and his family members armed with deadly weapon came and started demolishing the wall of the petitioner no.1 and on protest the informant and his family members brutally assaulted the petitioner no.1 and his family members. The petitioner no.1 filed Kurtha P.S.Case No.164 of 2017 for the offence under Sections 307 and other allied Sections of the IPC. The allegation of outraging modesty of informant and assault by the pistol butt is against
Patna High Court Cr.Misc. No.10646 of 2018 (2) dt.27-02-2018 2/2 Ramesh Yadav and not against these petitioners. The petitioners have clean antecedent and allegation is omnibus against them. The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Arwal in connection with Kurtha P.S.Case No.163 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T