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Patna High CourtCR. MISC./22815/2017bail granted

Kameshwar Yadav v. The State Of Bihar

2017-07-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22815 of 2017 Arising Out of PS.Case No. -93 Year- 2014 Thana -SONO District- JAMUI ====================================================== Kameshwar Yadav, Son of Baguli Yadav, Resident of Charkapather, P.S. Sono (Charkapather), District Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate For the Opposite Party : Mr. Sri Parmanand Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Sono (Charkapather) P.S. Case No. 93 of 2014, registered for the offence punishable under Sections 364/34 of the Indian Penal Code.

Allegedly, Rajkumar Yadav called and took away the husband of the informant to work on a brick klin, but in the night he did not return and on inquiry Rajkumar Yadav told her that he has returned in the evening itself and again he told that he might have gone at other place to work but the husband of the informant was not traced out and then the F.I.R. has been lodged against that, from the petitioner and others land dispute was going on.

Patna High Court Cr.Misc. No.22815 of 2017 (3) dt.07-07-2017 2/2 Submission is of false implication and that besides suspicion, there is nothing against the petitioner, the petitioner has not called the husband of the informant, no offence as alleged is made out against the petitioner, no one has seen the petitioner kidnapping the husband of the informant and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Jamui, in connection with Sono (Charkapather) P.S. Case No. 93 of 2014, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T