Misri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27717 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== MISRI YADAV Son of Singeshwar Yadav Resident of village - Jhaua, P.S. - Bhairovasthan, Distt. - Madhubani .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2023 Heard Mr. Ravi Prakash, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Bhairavsthan PS Case No. 165/2022 dated 08.09.2022 registered for the offence punishable under Sections 341, 323, 324, 307, 354(A), 504/34 of the IPC.

3. As per First Information Report, petitioner along with other named accused persons and 4-5 unknown persons arrived at the house of the informant started fencing her land and when objection was raised by the informant, the co-accused, Raj Kumar Yadav assaulted her by means of Farsa on her head due to which she sustained injury and the allegation against the petitioner is that he snatched 'Mangal Sutra' from the informant.

4. Learned counsel for the petitioners submits that he has been implicated in this case due to land dispute which

Patna High Court CR. MISC. No.27717 of 2023(2) dt.19-07-2023 2/2 would be evident from the FIR itself. He further submits that both the parties are co-villagers and there is no allegation of assault against the petitioner. The only allegation against the petitioner is of snatching 'Mangal Sutra' from the informant. The petitioner has got no criminal antecedent.

5. Regards being had to the submissions made by the parties, taking into consideration the nature of allegation and the fact that the occurrence has taken place due to land dispute and there is no allegation of assault against the petitioner, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Jhanjharpur, Madhubani in connection with Bhairavsthan PS Case No. 165/2022, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T