Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6675 of 2020 Arising Out of PS. Case No.-105 Year-2019 Thana- KHAIRA District- Jamui ====================================================== RAJ KUMAR YADAV Son of Bulaki Yadav R/o village- Kairakado, P.S.- Khaira, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-07-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 147, 148, 149, 341, 323, 324, 307, 354(b), 504 and 379 of the Indian Penal Code.

Informant in her written complaint has stated that on 04.04.2019 at about 5:00 PM while she alongwith her family members were harvesting the field, suddenly petitioner and other co-accused persons variously armed with deadly weapons

Patna High Court CR. MISC. No.6675 of 2020(2) dt.02-07-2020 2/3 came there and assaulted her and also tried to outrage her modesty and when her husband and brother in law came to rescue her then Prabhu Yadav assaulted on the head of her brother-in-law Suresh Yadav, Raj Kumar Yadav (petitioner) assaulted on the head of Ranjeet Yadav by iron rod. They also assaulted her husband with fists and slaps and looted away 100 Kg of gram also.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to land dispute. Injury found is stated to be simple in nature. Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Khaira P.S. Case No. 105 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:-

(1) Bailors should be local having sufficient immovable property within the

Patna High Court CR. MISC. No.6675 of 2020(2) dt.02-07-2020 3/3 jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajiv U T