Lalendra Yadav @ Narendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23833 of 2019 Arising Out of PS. Case No.-105 Year-2017 Thana- OBRA District- Aurangabad ====================================================== Lalendra Yadav @ Narendra Yadav Son of Haridwar Yadav, Resident of Village - Gauri, P.S.- Obra, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-04-2019 Heard both sides.

The petitioner apprehends his arrest in Obra P.S. Case No.105 of 2017 registered under Section 307 and other sections of the Indian Penal Code.

The informant, Sushma Devi alleged that her fatherin-law Haridwar Yadav entered into her house and abused her. Haridwar Yadav assaulted her with lathi on her head, arm and back. Lalendra Yadav (petitioner) also assaulted her with iron rod on her body.

Learned counsel for the petitioner submits that Haridwar Yadav is own brother of father-in-law of the informant. Lalendra Yadav (petitioner) is alleged to have assaulted the informant with iron rod but during course of investigation, it has come that Lalendra Yadav did not assault

Patna High Court CR. MISC. No.23833 of 2019(2) dt.12-04-2019 2/2 the informant. He was trying to pacify the dispute and the police submitted final form finding the accusation against the petitioner false but the learned Chief Judicial Magistrate also took cognizance against the petitioner.

Having considered the facts that the informant made allegation against Haridwar Yadav and also alleged that the petitioner also assaulted the informant with iron rod but the Investigating Officer found the accusation against the petitioner false, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 S.D.J.M., Daudnagar, Aurangabad in connection with Obra P.S. Case No.105 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T