IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33032 of 2011
1. Shyam Yadav
2. Sushil Yadav, Both sons of Buchai Yadav R/O Village - Tardih, P.S.
Sakatpur, District - Darbhanga.
---------- Petitioners.
Versus
The State of Bihar ------Opposite Party
********
With
Criminal Miscellaneous No.33038 of 2011
1. Ranjit Yadav S/O Bikau Yadav
2. Rajendra Yadav S/O Bhallu Yadav
3. Rajendra Yadav @ Gudar Yadav, son of Choudharyjee Yadav.
All resident of village – Tardih, P.S. Sakatpur, District – Darbhanga.
———- Petitioner.
Versus
The State of Bihar ——-Opposite Party
********
4. 22.11.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
Earlier vide order dated 21.11.2011, Cr.
Misc. No. 33032/2011 and Cr. Misc. No. 33038/2011
were disposed of as withdrawn with respect to
petitioner no. 1 namely Shyam Yadav, son of Buchai
Yadav, and Petitioner no. 2 namely, Rajendra Yadav,
son of Ballu Yadav.
Remaining three petitioners, apprehending
their arrest in connection with Sakatpur P.S. Case No.
53/2011 for offences under Sections
147/148/149/341/323/324/326/307/452/379/504 of the
Indian Penal Code, are named accused in this case with
allegation of arriving at the house of the informant and
in retaliation of political rivalry on failure to succeed in
getting hold of the informant assaulted his wife. The
petitioners except Sushil Yadav, carry general and
omnibus allegation.
Submission is that Sushil Yadav though
carries specific allegation stabbing informant’s wife by
a dagger, but post mortem report does not support such
assertions. Further, at no point of time the statement o
deceased was ever recorded. Though, she is said to be
alive for several days during treatment before death.
Specific allegation of assault appears against one
Shyam Yadav, whose prayer has already been
withdrawn after being apprehended. Further, none of
the petitioners have any criminal antecedent.
If, it is so, considering the facts and
circumstances of the case, in the event of their arrest or
surrender within a period of four weeks, let the
petitioners namely, Sushil Yadav, Ranjit Yadav and
Rajendra Yadav @ Gudar Yadav, be enlarged on bail
on furnishing bail bond of sum of Rs. 10,000/- (ten
thousand only) each with two sureties of the like
amount each to the satisfaction of Chief Judicial
Magistrate, Darbhanga, in connection with Sakatpur
P.S. Case No. 53/2011, subject to condition under
section 438(2) of the Code of Criminal Procedure, and
additional condition to attend the court regularly till
disposal of the case, in the event of failure on two
consecutive dates, without any reasonable explanation,
the privilege granted shall be deemed to be cancelled.
Rajeev/- ( Akhilesh Chandra, J.)