Patna High CourtCR. MISC./35866/2014allowed

Devendra Yadav v. The State Of Bihar

2015-03-04Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.35866 of 2014 (5) dt.04-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35866 of 2014 Arising Out of PS.Case No. -189 Year- 2013 Thana -BHORE District- GOPALGANJ ======================================================

1. Devendra Yadav Son of Sri Subash Yadav Resident of VillageBadahara, P.S.- Bhore, District- Gopalganj. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Manoj Kumar(App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Bhorey P.S. Case No.189 of 2013.

It is alleged by the informant that the petitioner along with his brother Muna Yadav came to her house and tried to outrage her modesty. On raising hulla, her mother, two brothers and one younger sister came there. On hearing hulla, Subhash Yadav along with his two sons came there and assaulted them badly. The petitioner submits that it would be very improbable that he would attempt to rape in the presence of his younger brother. He next submits that there is a land dispute between the parties. The petitioner submits that his father Subhash Yadav and his brother Vishal Yadav has been granted bail by this Court by order dated 22.8.2014 passed in Criminal Misc. No.17516 of

Patna High Court Cr.Misc. No.35866 of 2014 (5) dt.04-03-2015 2014.

Considering the facts and circumstances of the case, the petitioner Devendra Yadav is directed to be released on anticipatory bail, in the event of his arrest/surrender, in connection with Bhorey P.S. Case No.189 of 2013, on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj subject to the conditions that he would not physically absent himself for two consecutive dates till two witnesses are examined in trial.

(Samarendra Pratap Singh, J) KHAN/- U T