Patna High Court
Radhey Shyam Yadav vs The State Of Bihar on 9 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33942 of 2020
Arising out of PS. Case No.-168 Year-2020 Thana- MAIRWAN District- Siwan
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1. Radhey Shyam Yadav, aged about 30 years, Male, S/o Gopal Chaudhary
Resident of Village-Parasiya Bujurg, Police Station-Mairwa, District-Siwan.
2. Vinod Yadav, aged about 20 years, Male, S/o Janandan Yadav Resident of
Village-Parasiya Bujurg, Police Station-Mairwa, District-Siwan.
3. Anil Yadav, aged about 24 years, Male, S/o Jogandra Yadav Resident of
Village-Parasiya Bujurg, Police Station-Mairwa, District-Siwan.
4. Sunil Yadav, aged about 20 years, Male, S/o Jogendra Yadav Resident of
Village-Parasiya Bujurg, Police Station-Mairwa, District-Siwan.
5. Pappu Yadav, aged about 22 years, Male, S/o Harendra Yadav Resident of
Village-Parasiya Bujurg, Police Station-Mairwa, District-Siwan.
6. Chandra Bhan Yadav, aged about 19 years, S/o Rajendra Yadav Resident of
Village-Parasiya Bujurg, Police Station-Mairwa, District-Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kaushal Kishore Mishra, Advocate
For the State : Mr. Md. Arif, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 09-04-2021
The matter has been heard via video conferencing.
2. Heard Mr. Kaushal Kishore Mishra, learned counsel
for the petitioners and Mr. Md. Arif, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioners apprehend arrest in connection with
Mairwa PS Case No. 168 of 2020 dated 20.06.2020, instituted
under Sections 323/324/379/504/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.33942 of 2020 dt.09-04-2021
4. The allegation against the petitioners is of assault and
taking away of mangal sutra and specifically against the petitioner
no. 2 of inflicting blow with rod on the leg of the informant,
whereas against petitioner no. 4 is of giving farsa blow on the
neck of the daughter of the informant whereas against petitioner
no. 5 is of snatching of mangal sutra from the neck of the
informant.
5. Learned counsel for the petitioners submitted that the
allegations are cosmetic and even the injury report does not
support the FIR version, as the same has been found to be simple
as far as the petitioners are concerned, though co-accused Rajendra
Yadav is said to have inflicted blow with iron rod on the left hand
of the husband of the informant resulting in fracture. It was
submitted that the police have not found the case true against co-
accused Gopal Chaudhary, Rajendra Chaudhary and Yogendra
Choudhary and admittedly there is land dispute and one title
appeal is also pending between the parties. Learned counsel
submitted that in fact it was the informant side which was the
aggressor for which Mairwa PS Case No. 169 of 2020 has been
filed.
Patna High Court CR. MISC. No.33942 of 2020 dt.09-04-2021
6. Learned APP submitted that the petitioners have
assaulted the informant side and have also snatched mangal sutra
from the neck of the informant.
7. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of the
Additional Chief Judicial Magistrate-VII, Siwan in Mairwa PS
Case No. 168 of 2020, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 and
further (i) that one of the bailors shall be a close relative of the
petitioners, (ii) that the petitioners and the bailors shall execute
bond with regard to good behaviour of the petitioners, and (iii) that
the petitioners shall also give an undertaking to the Court that they
shall not indulge in any illegal/criminal activity, act in violation of
any law/statutory provisions, tamper with the evidence or
influence the witnesses. Any violation of the terms and conditions
of the bonds or the undertaking shall lead to cancellation of his
bail bonds. The petitioners shall cooperate in the case and be
present before the Court on each and every date. Failure to
Patna High Court CR. MISC. No.33942 of 2020 dt.09-04-2021
cooperate or being absent on two consecutive dates, without
sufficient cause, shall also lead to cancellation of their bail bonds.
8. It shall also be open for the prosecution to bring any
violation of the foregoing conditions of bail by the petitioners, to
the notice of the Court concerned, which shall take immediate
action on the same after giving opportunity of hearing to the
petitioners.
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Vikash/-
AFR/NAFR
U
T
