Deep Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70481 of 2019 Arising Out of PS. Case No.-234 Year-2019 Thana- RANIGANJ District- Araria ====================================================== 1.
DEEP NARAYAN YADAV, Son of Late Bhumi Yadav Resident of Village - Bagulaha, Ward No.2, P.S.- Raniganj, District - Araria. 2.
Neeraj Yadav @ Neeraj Kumar, Son of Deep Narayan Yadav, Resident of Village - Bagulaha, Ward No.2, P.S.- Raniganj, District - Araria. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nasim Yahya For the Opposite Party/s :
Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for anticipatory bail arises out of Raniganj P.S. Case No. 234 of 2019, disclosing the offences under Sections 147, 149, 341, 323, 324, 307, 354B, 379, 506, 504 of the Indian Penal Code and Section 3⁄4 of Witch Act. For an occurrence said to have taken place on 16.07.2019, the present case and a counter case being Raniganj P.S. Case No. 235 of 2019 have been registered. It is alleged in the First Information Report that the petitioners were abusing the informant calling her a 'Witch' (Dain). When they were objected to, they are said to have assaulted the informant
Patna High Court CR. MISC. No.70481 of 2019(2) dt.27-11-2019 2/3 variously. There is allegation that when her father-in-law came in rescue, the petitioner No. 1 assaulted him in his head with Farsa. It is also alleged that the informant's son was assaulted by co-accused Musahru Yadav. There is allegation against the petitioner No. 2 of having snatched certain silver/gold ornaments.
Learned counsel appearing on behalf of the petitioners has submitted that there is no injury report to suggest whether the injury has been found to be grievous or otherwise. He contends that since both the two cases arise out of the same alleged occurrence, a case for grant of anticipatory bail is made out. He has further submitted that the allegation of snatching of ornaments is ornamental in nature.
Considering the facts and circumstances, particularly, the statement made in paragraph-3 of the application that the petitioners have no criminal antecedents, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on 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 Sub Divisional Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No. 234 of
Patna High Court CR. MISC. No.70481 of 2019(2) dt.27-11-2019 3/3 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T