Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49719 of 2018 Arising Out of PS.Case No. -104 Year- 2018 Thana -GURARU District- GAYA ======================================================

1. Mohan Yadav Son of Late Dwarika Yadav Resident of Village - Asani, P.S. Guraru, District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Guraru P.s.Case no.104/18 , registered for offences punishable under Sections 143, 147, 323, 324, 379, 354, 504, 506 of the Indian Penal Code.

Allegation against the petitioner is of attempting to disrobe the female members of the informant.

Submission of the learned counsel for the petitioner is that there is case and counter case between the parties and the persons from the petitioner's side have also received injuries and the allegation of disrobing the female members is ornamental in nature in order to make the case serious.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49719 of 2018 (2) dt.29-08-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-V, Gaya in connection with Guraru P.S.Case No.104 of 2018 dated 23.5.2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T