Arvind Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63724 of 2018 Arising Out of PS. Case No.-186 Year-2018 Thana- BALIYA District- Begusarai ======================================================

1. Arvind Yadav

2. Praveen Yadav

3. Dinesh Yadav

4. Dharmendra Yadav

5. Sarveen Kumar @ Sarveen Yadav

6. Ajit Yadav All are Sons of Natho Yadav

7. Natho Yadav Son of Late Saryug Yadav All are Resident of Village- Husainichak, Police Station- Baliya, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nandsingh For the Opposite Party/s :

Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections447, 341, 323, 504, 379, 307, 34 of the Indian Penal Code and 3 and 4 of Witch Craft Practices Act. The prosecution case, in short, is that while the informant was sitting at his darwaja, the accused persons came to his house and assaulted him and also misbehaved with his wife. On protest, they assaulted him due to which he sustained injury.

It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.63724 of 2018(2) dt.12-10-2018 2/2 the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released 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 learned Chief Judicial Magistrate, Begusarai in connection with Baliya P.S. Case No. 186/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T