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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31370 of 2024 Arising Out of PS. Case No.-54 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Dinbandhu Yadav @ Dinbandhu Kumar Yadav Son of Ramavtar Yadav Resident of Village- Bodrahi, P.S.- Marauna, Dist.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Marauna P.S. Case No. 54 of 2023, instituted for the offences punishable under Sections 341, 323, 354(b) and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, in absence of the informant, petitioner entered the house of the informant and molested informant's minor daughter and assaulted informant's elder brother with lathi and danda.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner and informant are next door neighbours and there is a

Patna High Court CR. MISC. No.31370 of 2024(2) dt.24-04-2024 2/2 subsisting land dispute between them. The petitioner has been remanded in this case since 09.01.2024 and has got one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Marauna P.S. Case No. 54 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T