Triloki Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1977 of 2020 Arising Out of PS. Case No.-225 Year-2019 Thana- BELHAR District- Banka ====================================================== 1.

TRILOKI YADAV S/o Late Bhuto Yadav Resident of Sardara, P.S.- Belhar, Dist- Banka.

2.

Sachita Devi W/o Manoj Yadav Resident of Sardara, P.S.- Belhar, DistBanka. 3.

Lalan Yadav @ Lalan Kumar S/o Triloki Yadav Resident of VillageSardara, P.S.- Belhar, Dist- Banka. 4.

Biti Devi W/o Triloki Yadav Resident of Sardara, P.S.- Belhar, DistrictBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-02-2020 Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the application filed on behalf of the petitioner Nos. 1 and 4, namely, Triloki Yadav and Biti Devi as they have already apprehended by the Police. In view of the above, the application filed on behalf of the petitioner Nos. 1 and 4 Triloki Yadav and Biti Devi is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos. 2 and 3 and the learned A.P.P. for the State.

The petitioner Nos. 2 and 3 Sachita Devi and Biti Devi apprehend their arrest in connection with Belhar P.S. Case

Patna High Court CR. MISC. No.1977 of 2020(3) dt.06-02-2020 2/3 no. 225 of 2019, registered under Sections 341, 323, 307, 379 and 384/34 of the Indian Penal Code.

The accusation is that informant Arun Kumar Yadav, being the Assistant Teacher of Middle School, Sardara, was returning to his house on 27.07.2019, in the way, five persons named in the F.I.R., including the petitioner Nos. 2 and 3 surrounded him and Manoj Yadav pointed pistol on him and all started to cause assault to him through Lathi, danda in which he sustained injury. At that time, they snatched M.D.M. Register, Cheque book relating to school and also mobile set and key of the school, which were kept in the dickey of the motorcycle. The villagers rushed him at hospital. It is alleged that Sachita Devi (Petitioner No.2) is the Secretary of the school and her husband Manoj Yadav used to demand ransom for running the mid day meal in the school.

Learned counsel for the petitioner Nos. 2 and 3 submits that the injuries found on the person of informant is simple in nature, except, injury Nos. 4 and 5, which are fracture in nature. Further submission is that the allegation of pointing pistol upon the informant is against Manoj Yadav and petitioner No.2 Sachita Devi, being the wife of Manoj Yadav, has falsely been implicated in this case. The petitioner Nos. 2 and 3 have

Patna High Court CR. MISC. No.1977 of 2020(3) dt.06-02-2020 3/3 no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner Nos. 2 and 3 Sachita Devi and Lalan Yadav @ Lalan Kumar, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four 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 Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 225 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T