Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1671 of 2017 Arising Out of PS.Case No. -45 Year- 2015 Thana -SC/ST District- KHAGARIA ======================================================
1. Anil Yadav Son of Kailash Yadav @ Kailu Yadav, Resident of VillageGangiya, P.S.- Ganaur, District- Khagaria. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ram Sumiran Rai For the Respondent/s : Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 The appellant seeks regular bail in connection with Khagaria SC/ST P.S. Case No. 45 of 2015, registered for offences punishable under Sections 341, 323, 504, 506, 354/34 of the Indian Penal Code, Section 3(i)(x) of SC/ST Act. Allegation against the appellant that he snatched away golden ring of the informant and torn her blouse and also abused her and when she raised hulla her father and mother in law to save her, appellant also assaulted her by fists and slap. It has been submitted on behalf of the appellant that as a matter of fact the informant has entered inside the maize field of the appellant and was removing the maize, appellant reached there and protested the same and, thereafter exchange of hot words took place and appellant also told her that he will complain this to
Patna High Court CR. APP (SJ) No.1671 of 2017 (3) dt.07-07-2017 2/3 Sarpanch and only for that the present false case has been lodged by the informant and no offence as alleged by the informant, has been committed by the appellant. It has further been submitted that earlier the appellant was on police bail and he has not misused the privilege of bail and has been in custody since 06.05.2017. Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of offence and the period of custody, this appeal is allowed, let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge -1st cum Special Judge, Khagaria, in connection with Khagaria SC/ST P.S. Case No. 45 of 2015, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellant will not induce any witness or tamper with the evidence.
(iii) The appellant shall cooperate in the disposal of trial and make himself available as and
Patna High Court CR. APP (SJ) No.1671 of 2017 (3) dt.07-07-2017 3/3 when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T