Kailash Yadav @ Kailash Prasad Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75272 of 2018 Arising Out of PS. Case No.-192 Year-2016 Thana- GOGRI District- Khagaria ======================================================
1. KAILASH YADAV @ KAILASH PRASAD YADAV S/o Ram Charan Yadav.
2. Meena Devi W/o Kailash Yadav
3. Barun Yadav @ Varun Kumar
4. Tarun Yadav @ Tarun Kumar. Both Sons of Kailash Yadav, All Resident of Village- Kanhauli, P.S. Gogari, District Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rewti Kant Raman, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are apprehending their arrest for the offences punishable under Sections 341, 323, 379, 354, 448 and 504 of the Indian Penal Code.
It is submitted that the petitioners are innocent and have falsely been implicated in this case. It is pointed out that upon investigation the police has submitted charge sheet for the offence under Section 504 IPC only. The Court below however, has taken cognizance of the other offences without any material in the case diary. It is also submitted that upon instigation by other brother of the petitioners they have been implicated in this case by the father. It is also submitted that during course of investigation no injuries have been found on the any victim of the occurrance. The petitioners have no
Patna High Court Cr.Misc. No.75272 of 2018(2) dt.19-12-2018 2/2 criminal antecedent.
In the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. Let the above named petitioners, in the facts and circumstances of the case, in the event of their arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Khagaria in Gogari P.S. Case No. 192 of 2016 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.
(i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners.
(ii) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash/- U