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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24723 of 2023 Arising Out of PS. Case No.-16 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== CHANDAN KUMAR YADAV @ CHANDAN KUMAR Son of Baleshwar Yadav R/o Mohalla- Kolhachak, PS- Shahkund (Sajour) Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambrish Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 354(B), 506, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that he is a person with clean antecedent and the informant who is his sister-in-law (bhabhi) alleges that the petitioner forcibly entered the house and tried to establish physical relation but on alarm the petitioner alongwith other accused persons started abusing and assaulted her and thereafter Bulbul Devi (Sister-in-law) snatched her gold chain and earing and petitioner took Rs. 5,000/- alongwith some important documents.

4. The learned counsel for the petitioner submits that there is a land dispute between the brothers as such, the present false

Patna High Court CR. MISC. No.24723 of 2023(2) dt.19-07-2023 2/2 case came to be instituted, it is next submitted that the date of occurrence is 23.12.2018 and the FIR has been instituted on 08.01.2019 that is after a delay of more than 15 days which cast an aspersion on the case of the prosecution, nor there is any injury report on record.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shahkund (Sajour) P.S. Case No. 16 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Adnan/- U T