Seema Devi & Ors vs The State Of Bihar on 10 February, 2017

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Patna High Court - Orders

Seema Devi & Ors vs The State Of Bihar on 10 February, 2017

Bench: Rajendra Kumar Mishra

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.2376 of 2017
                        Arising Out of PS.Case No. -154 Year- 2016 Thana -MAIRWA District- SIWAN
                 ======================================================
                 1. Seema Devi, W/o Shri Kant Yadav,
                 2. Suresh Yadav, S/o Paras Yadav,
                 3. Krishna Yadav, S/o Suresh Yadav,
                 4. Om Yadav, S/o Suresh Yadav, All are resident of Village- Phulwaria,
                    P.S.- Mairwa, District- Siwan.
                                                                     .... .... Petitioners
                                                   Versus
                 The State of Bihar.
                                                                 .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s          : Mr. Gajendra Kumar Singh
                 For the Opposite Party/s      : Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER

2   10-02-2017

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mairwa P.S. Case no. 154 of 2016, registered under Sections 147, 148, 149, 341, 323, 307, 379, 353, 337, 339, 504, 448 and 506 of the Indian Penal Code.

The allegation of informant Chowkidar No. 2/8 is that on 28.08.2016, in the evening, the Police team reached in his village and raided the house of Satendra Yadav, while Satendra Yadav succeeded in fleeing away from his house. In course of search of house and hut of Satendra Yadav, one bag was found putting on the motorcycle in which 45 bottles, each containing 200 ML liquor was recovered. In the meantime, 11 persons named in the F.I.R. came there armed with lathi, danda, farsha and iron rod and started stone pelting at the Police Patna High Court Cr.Misc. No.2376 of 2017 (2) dt.10-02-2017 2/2 personnel. At that time, Abhay Kumar tried to cause injury through farsa, but anyhow he save himself. In the meantime, Gayatri Devi snatched golden chain from the neck of his mother and Om Yadav (petitioner) snatched cash of Rs. 5000/- from his pocket. At that time, Abhay Kumar Yadav, Srikant Hriday Yadav, Gayatri Devi and Prinyanka Kumari were apprehended by the Police and rest accused persons succeeded to flee away.

Learned counsel for the petitioners submits that, in fact, petitioners are Gotiya of the Chowkidar, who is informant in the present case and due to land dispute, the petitioners have falsely been implicated in this case. Moreover, the petitioners having no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, 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 Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No.154 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/-

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Patna High Court - Orders