Jodhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10047 of 2023 Arising Out of PS. Case No.-54 Year-2020 Thana- BELHAR District- Banka ====================================================== JODHAN YADAV SON OF DARO YADAV R/O VULHARA, P.S.- BELHAR, DISTT.- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Belhar Police Station Case No. 54 of 2020, dated 17.02.2020, disclosing offences under Sections 341/323/354/ 307 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, who happens to be the elder brother-in-law of the informant, with an intent to outrage her modesty, pulled her down on the ground, due to which she sustained injury in her ears and suffered bodyache. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute between the petitioner and the informant. He further submits that both the parties are closely related to each other and the informant happens to be the wife of the younger brother

Patna High Court CR. MISC. No.10047 of 2023(2) dt.19-05-2023 2/2 of the petitioner. He next submits that the police, after investigation, has not submitted charge sheet under Section 307 of the Indian Penal Code and filed charge sheet only under Sections 341/323/354/504 of the Indian Penal Code. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are closely related, there is land dispute between them and the injury sustained by the informant has not been found to be grievous in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Banka, in connection with Belhar Police Station Case No. 54 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √