Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74352 of 2019 Arising Out of PS. Case No.-294 Year-2019 Thana- TEKARI District- Gaya ====================================================== 1.

SANTOSH YADAV @ SANTOSH KUMAR Son of Late Surendra Yadav Resident of Village - Sawasin, P.S.- Tekari, Distt.- Gaya. 2.

Mantosh Yadav @ Mantosh Kumar Son of late Surendra Yadav Resident of Village - Sawasin, P.S.- Tekari, Distt.- Gaya. 3.

Vikku Kumar @ Bikku Kumar Son of Late Surendra Yadav Resident of Village - Sawasin, P.S.- Tekari, Distt.- Gaya. 4.

Murti Devi W/o Late Surendra Yadav Resident of Village - Sawasin, P.S.- Tekari, Distt.- Gaya.

5.

Mamta Devi W/o Santosh Yadav Resident of Village - Sawasin, P.S.- Tekari, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2020 Petitioners seek bail in anticipation of their arrest in connection with Tekari P.S. Case No. 294 of 2019 registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.

As per prosecution case, earlier also a criminal case was lodged against the petitioners and after release, they are threatening the informant and on the day of occurrence petitioners assaulted father of the informant by means of lathi, rod, etc. and when mother and sister of the informant came to save him they were also assaulted.

Patna High Court CR. MISC. No.74352 of 2019(2) dt.17-01-2020 2/3 Submission of learned counsel for the petitioner is that earlier informant and others brutally assaulted petitioner Nos. 1, 2 and 4 and for that a written report was lodged which was registered as Tekari P. S. Case No. 186 of 2019 and due to that the present case has been filed and whole allegation is false and concocted and petitioner Nos. 4 and 5 are ladies. Heard learned APP also.

In view of above facts and circumstances, let petitioner Nos. 4 and 5 being ladies, in the event of surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Gaya, in connection with Tekari P.S. Case No. 294 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

So far petitioner Nos. 1, 2 & 3 are concerned, I am not inclined to grant them the privilege of anticipatory bail, rather they have to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this

Patna High Court CR. MISC. No.74352 of 2019(2) dt.17-01-2020 3/3 order.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T