Patna High CourtCR. MISC./44369/2017bail granted

Rajeshwari Yadav @ Rajeshwari Manjhi v. The State Of Bihar

2017-09-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44369 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -ATRI District- GAYA ====================================================== RAJESHWARI YADAV @ RAJESHWARI MANJHI, Son of Late Etbar Yadav, R/o Village- Mapha, P.S.- Atri, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Atri P.S. Case No.132 of 2017, registered for offences alleged under Sections 147, 341, 323, 354B, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present case is in fact result of ongoing land dispute between the petitioner and the informant who come from the same family. The petitioner is said to be the father-in-law as the informant happens to be the wife of the nephew of the petitioner. Learned counsel submits that a dispute with regard to the house is also there and because of that the present case has been lodged. In the year 2014,

Patna High Court Cr.Misc. No.44369 of 2017 (2) dt.19-09-2017 the petitioner had lodged FIR being Atri P.S. Case No.75 of 2014 against the informant, her husband and her other family members, therefore, it is a case of false implication of the petitioner. He further submits that there is one case against the petitioner which is stated in paragraph 3 of the bail application. Learned APP opposed the prayer for bail saying that the petitioner has got criminal history.

Considering the nature of the case and the fact that there is only one case against the petitioner as stated in paragraph 3 of the bail application, let the petitioner, namely, Rajeshwari Yadav @ Rajeshwari Manjhi be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st Class, Gaya in connection with Atri P.S. Case No.132 of 2017, subject to the conditions U/S 437(3) Cr.P.C.

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