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Patna High CourtCR. MISC./15085/2019allowed

Baleshwar Yadav @ Malji Yadav v. The State Of Bihar

2019-03-12Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15085 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- RAHUI District- Nalanda ====================================================== Baleshwar Yadav @ Malji Yadav Son of Late Shree Yadav, Resident of Village/Mohalla- Mandilpur, P.S.- Rahui, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad, Sr. Advocate Mr. Ritesh Kumar Mr. Pramod Kumar For the Opposite Party/s :

Mr. R.B.Roy 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Rahui Police Station Case No. 332 of 2018, disclosing offences punishable under Sections 341, 323, 504, 308, 354, 34 of the Indian Penal Code.

It is evident from the First Information Report that there was some dispute between the informant's family and the accused persons. Five persons of the same family, including female members, are named in the FIR.

Learned Senior Counsel, appearing on behalf of the petitioner, has submitted that the allegations are not only false

Patna High Court CR. MISC. No.15085 of 2019(2) dt.12-03-2019 2/2 but malicious too.

Be that as it may, considering the genesis of occurrence and nature of accusation, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Bihar Sharif in connection with Rahui Police Station Case No. 332 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T