Dharmendra Kumar Yadav @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16894 of 2019 Arising Out of PS. Case No.-94 Year-2017 Thana- LAUKAHI DistrictMadhubani ====================================================== Dharmendra Kumar Yadav @ Dharmendra Yadav, aged about 36 years, male, Son of Late Rameshwar Yadav Resident of Village - Belahi, Bhawanipur, PS- Laukahi, Distt - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Baua Jha Mr. Sakdet Gupta, Advocates.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 307, 354(B), 379, 504/34 of the Indian Penal Code registered in connection with Laukahi P.S. Case No. 94 of 2017.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of money dispute and there is case and counter case between the parties. Injuries are simple in nature. The accusation under Section 354(B) IPC is clearly an afterthought as there is overwriting in this regard in the F.I.R. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court CR. MISC. No.16894 of 2019(2) dt.26-03-2019 2/2 to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 94 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T