Pramod Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61425 of 2017 Arising Out of PS. Case No.-53 Year-2017 Thana- SIKRAUL District- Buxar ======================================================

1. Pramod Yadav, S/o Harihar Yadav, R/o Village- Gariya, P.S.- Sikraul, District- Buxar.

2. Vikram Yadav @ Vikrama Yadav @ Bikrama Yadav, S/o Shiv Bihari Yadav @ Shiv Bihari Singh, R/o Village- Satuhadi, P.s.- Sikraul, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh, Adv.

For the :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2017 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 341, 323, 448, 307 and 506 of the Indian Penal Code. As per the written report submitted by one Barmeshwar Rai to the SHO Sikroul Police Station the allegation is to the effect that on 30.06.2017 in the evening Chhotak Bhar (the cousin brother-in-law) came to his house with his wife and took dinner at his house and stayed there. In the morning, when they were leaving, the mother of the informant conveyed them not to come to her house after that. Thereafter, the wife of the informant Meera Devi went with

Patna High Court Cr.Misc. No.61425 of 2017(2) dt.19-12-2017 2/3 Chhotak Bhar. Subsequently, on 02.07.2017, Chhotak Bhar along with ten other accused persons came at the house of the informant and assaulted the informant, his cousin brother, Bhanu Bhar and his father Algu Bhar with lathi and danda. It is alleged that along with the accused persons, informant's wife Meera Devi also came and she left the place with them soon after the occurrence.

It is submitted by learned counsel for the petitioner that there is nothing on record to suggest that any substantial injury has been caused to any one. Moreover, all the sections are bailable except 307 of the I.P.C.. In the background of family dispute, the accusation has been levelled. Petitioner no.1 is not having any criminal antecedent, however, petitioner no.2 is accused in two other cases wherein he is on bail. Considering the relationship between the informant and the accused persons and the accusation being levelled in the background of some domestic dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Buxar, in connection

Patna High Court Cr.Misc. No.61425 of 2017(2) dt.19-12-2017 3/3 with Sikroul P.S. Case No.53 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T