Jhulan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16355 of 2017 Arising Out of PS.Case No. -292 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================
1. Jhulan Yadav Son of Bali Yadav, resident of village - Kalanaur, P.S. Makhdumpur ( Tehta O.P. ), District - Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The petitioner prays for anticipatory bail in connection with Makhdumpur (Tehta O.P.) P.S. case no. 292 of 2016 registered for the offence punishable under Sections 384, 385, 506/34 of the Indian Penal Code.
It is alleged that petitioner has demanded extortion money of Rs. 2 lacs from the informant who is the Chairman of PACS. It is further alleged that petitioner and other co-accused asked the informant to compromise the case filed earlier.
It is submitted on behalf of petitioner that in similar case, anticipatory bail has been allowed and as such, petitioner also deserves sympathetic consideration.
Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.16355 of 2017 (2) dt.08-04-2017 2/2 Having heard both sides. In view of the submissions stated above as well as the fact that other co-accused has already been granted anticipatory bail, the anticipatory bail application of petitioner is allowed and he, in the event of arrest/ surrender before the court below within four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta O.P.) P.S. case no.
292 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a condition that bailors should be the local one having sufficient property within the jurisdiction of learned court below and with further condition that petitioner shall cooperate and assist in the investigation of the case and if he fails to assist the investigating officer and after investigation, if charge sheet submitted and any serious incriminating offence found against the petitioner, the prosecution shall be at liberty to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J.)