Ravindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27371 of 2023 Arising Out of PS. Case No.-14 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Ravindra Kumar Yadav, S/O Narayan Yadav Resident Of Village- Dumarawa, P.S.- Adhaura, District- Kaimur At Bhabua.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Mosmat Marachhi Kunwer W/O Late Suraj Yadav Resident Of VillageDumraw, P.S.- Adhoura, District- Kaimur At Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 323, 384 and 506 of the Indian Penal Code, but cognizance has been taken under Sections 420, 323 and 34 of the I.P.C.

3. The learned counsel for the petitioner submits that already an application for jointness has been filed as the notice on behalf of opposite party no.2 was received by her maternal grandson (Nati) of the opposite party no.2.

4. The learned counsel for the petitioner submits that a purely civil dispute has been given a criminal colour, which perhaps explains why the opposite party no.2, despite receiving notice, chooses not to appear and contest. It is next submitted that opposite party no.2 is own aunt (Chachi) of the petitioner. It is

Patna High Court CR. MISC. No.27371 of 2023(6) dt.15-02-2024 2/2 further submitted that petitioner is a person with clean antecedent. It is next submitted that the opposite party no.2 is a widow and has three daughters, who are married. It is further submitted that petitioner, being nephew, was looking after her daily need, as such, she had executed a sale deed with respect to 10 decimals of her land in his favour, but on instigation of her married daughter, she instituted present false criminal case.

5. Learned A.P.P. opposes the bail application.

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 Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Kaimur at Bhabua in connection with Complaint Case No.14 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T