Yogesh Kumar Yadav @ Tinku Kumar @ Yogesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17223 of 2019 Arising Out of PS. Case No.-623 Year-2018 Thana- AMARPUR District- Banka * ====================================================== 1.

Yogesh Kumar Yadav @ Tinku Kumar @ Yogesh Kumar, Son of Nityanand Yadav @ Nitya Prasad Yadav 2.

Nityanand Yadav @ Nitya Prasad Yadav, Son of Late Kali Yadav 3.

Suman Devi, Wife of Yogesh Kumar Yadav @ Tinku Kumar @ Yogesh Kumar All R/o village- Bhaluar, P.S- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Amarpur P.S. Case No. 623 of 2018 registered for the offences punishable under Sections 448, 341, 323, 354(B), 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the informant is the wife of the cousin elder brother of petitioner no.1. Petitioner nos.2 and 3 are the cousin father-in-law and Gotani respectively of the informant.

The allegation against the petitioner no.1 is that he

Patna High Court CR. MISC. No.17223 of 2019(2) dt.29-03-2019 2/3 had indulged in quarrel with the informant and had torn her blouse and took out the mobile phone and then had also indulged in assault which allegedly caused bleeding to her during her pregnancy period. Learned counsel submits that the petitioner no.1 is cousin brother of the husband of the informant and is having some land dispute on account of which this false FIR has been lodged. It is submitted that the informant and her Bhaisur have lodged two cases earlier. It is, however, submitted that no injury has been found upon person of the informant and there is no specific allegation so far as petitioner nos.2 and 3 are concerned.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case, the relationship beween the parties and the fact that they are fighting over a land dispute and no injury is said to have been caused to the informant, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur

Patna High Court CR. MISC. No.17223 of 2019(2) dt.29-03-2019 3/3 P.S. Case No. 623 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T