Babloo Yati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60372 of 2017 Arising Out of PS. Case No.-464 Year-2016 Thana- TURKAULIYA District- East Champaran ====================================================== Babloo Yati S/o Late Uma Shankar Yati, R/o Areraj P.S.- Govindganj, Distt.- Motihari. (East Champaran).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shruti Sinha For the Opposite Party/s :

Mr. SRI KUMAR RANJIT RANJAN ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 341,323,379,420,504 and 506 of the IPC.

The prosecution case is that when the informant Vijay Shankar Giri along with his wife, was going to his native village from Patna on 20.8.2016, the accused persons named in the FIR, came to the place of occurrence and attempted to kill them, but due to intervention of the villagers, they could be saved. Subsequently, on 22.9.2016 when the informant was going to his native village, they were chased when accused Babloo Yati, along with three four criminals came

Patna High Court Cr.Misc. No.60372 of 2017(2) dt.13-12-2017 2/3 and on the point of knife, pressurized the informant to put signature on the papers, which the informant acceded, facing threat to his life. It is also alleged that Babloo snatched the gold chain of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is the brother-in-law (Sadhu) of the son of the informant and the son of the informant and the informant are facing prosecution under Domestic Violence Act being Domestic Violence Case Nos. 10 of 2016 and 24 of 2015, pending in the court of learned ACJM, Patna at the instance of the sister of the petitioner's wife. The informant's family is not complying with the orders passed in Domestic Violence Case. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Considering the nature of accusation, in the background of prevailing litigated relationship between the parties from before, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of

Patna High Court Cr.Misc. No.60372 of 2017(2) dt.13-12-2017 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari in connection with Turkauliya P.S. Case No.464 of 2016.

(Dinesh Kumar Singh, J) anil/- U