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Patna High CourtCR. MISC./8762/2019bail granted

Bijuli Yadav v. The State Of Bihar

2019-05-07Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8762 of 2019 Arising Out of PS. Case No.-534 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Bijuli Yadav S/o Nanhak Yadav Resident of village-Akauni, P.S-Dobhi (Sherghati), District-Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sherghati P.S. Case No.534 of 2018 registered under Sections 341, 323, 307 and 365/34 of the Indian Penal Code. The accusation is that in the evening of 18.09.2018, Biru Yadav, the husband of the informant Lalita Devi, along with his villager Kulejan Yadav, moved from the house to go to Kolkata. At about 06.00 P.M., Kulejan Yadav returned to the house in injured condition and informed the informant that when he and her husband was going to Dobhi boarding on tempo, at about 05.00 P.M., Chandradeo Yadav, this petitioner and one unknown came and pulled her husband, asked him to

Patna High Court CR. MISC. No.8762 of 2019(3) dt.07-05-2019 2/3 return the money and started to commit "Maar-Peet". When Kulejan Yadav made protest, then Chandradeo Yadav caused injury at his head through iron rod and they kidnapped the husband of the informant.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the brother of the co-accused Chandradeo Yadav. In fact, the husband of the informant had taken loan from Chandradeo Yadav and when Chandradeo Yadav asked him to return the money, only to put undue pressure, the informant has lodged the present case. Moreover, the specific allegation to cause assault to Kulejan Yadav is against Chandradeo Yadav through iron rod. The injury as found on the person of Biru Yadav, the husband of the informant, and Kulejan Yadav is simple in nature. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati (Gaya), in connection with Sherghati P.S. Case No.534 of 2018, subject to the conditions laid down under

Patna High Court CR. MISC. No.8762 of 2019(3) dt.07-05-2019 3/3 Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T