DIPENDRA YADAV @ DIPENDRA PRASAD YADAV vs THE STATE OF BIHAR - 2024-01-02

O R D E R

Leave granted.

Having heard the learned counsel for the parties and considering the facts and circumstances of the case including the assertions made by appellant nos. 1, 2 and 3, namely, Dipendra Yadav @ Dipendra Prasad Yadav, Sunita Devi and Manish Sinha @ Manish Kumar Sinha but without commenting on the merits of the case, we are inclined to accept the present appeals and direct that in the event of appellant nos. 1, 2 and 3 – Dipendra Yadav @ Dipendra Prasad Yadav, Sunita Devi and Manish Sinha @ Manish Kumar Sinha being arrested in connection with C.R. No. 42/2017 dated 31.01.2017, a private complaint before the Additional Chief Judicial Magistrate, Jhanjharpur, Bihar, for the offence(s) punishable under Sections 420, 406, 467, 468, 477, 368, 323, 504 and 34 of the Indian Penal Code, 1860, they shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.

Appellant nos. 1, 2 and 3 – Dipendra Yadav @ Dipendra Prasad Yadav, Sunita Devi and Manish Sinha @ Manish Kumar Sinha shall comply with the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973.

Recording the aforesaid, the impugned judgments/orders are set aside and the appeals are allowed in the above terms.

We clarify that the grant of anticipatory bail will not be treated as an expression of opinion on the merits of the case.

Pending application(s), if any, shall stand disposed of.

..................J.

(SANJIV KHANNA)

..................J.

(DIPANKAR DATTA)

NEW DELHI;

JANUARY 02, 2024.

ITEM NO.3 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 12458- 12459/2023

(Arising out of impugned final judgment and order dated 09-08-2023 in CRLM No. 52318/2023 18-04-2023 in CRLM No. 7778/2023 passed by the High Court of Judicature at Patna)

DIPENDRA YADAV @ DIPENDRA PRASAD YADAV & ORS. Petitioner(s)

VERSUS THE STATE OF BIHAR & ANR. Respondent(s)

(IA No. 189853/2023 - EXEMPTION FROM FILING O.T.)

Date : 02-01-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Gaurav Agrawal, Adv.

Mr. C. George Thomas, AOR For Respondent(s) Mr. Samir Ali Khan, AOR Mr. Pranjal Sharma, Adv.

Mr. Md. Kashif Irshad Khan, Adv.

UPON hearing the counsel, the Court made the following

O R D E R

Leave granted.

Having heard the learned counsel for the parties and considering the facts and circumstances of the case including the assertions made by appellant nos. 1, 2 and 3, namely, Dipendra Yadav @ Dipendra Prasad Yadav, Sunita Devi and Manish Sinha @ Manish Kumar Sinha but without commenting on the merits of the case, we are inclined to accept the present appeals and direct that in the event of appellant nos. 1, 2 and 3 – Dipendra Yadav @

Dipendra Prasad Yadav, Sunita Devi and Manish Sinha @ Manish Kumar Sinha being arrested in connection with C.R. No. 42/2017 dated 31.01.2017, a private complaint before the Additional Chief Judicial Magistrate, Jhanjharpur, Bihar, for the offence(s) punishable under Sections 420, 406, 467, 468, 477, 368, 323, 504 and 34 of the Indian Penal Code, 1860, they shall be released on bail by the arresting/investigating officer/trial court on terms and conditions to be fixed by the trial court.

The appeals are allowed in terms of the signed order.

Pending application(s), if any, shall stand disposed of.

(BABITA PANDEY) (R.S. NARAYANAN)

COURT MASTER (SH) ASSISTANT REGISTRAR

(Signed order is placed on the file)