Amod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63187 of 2017 Arising Out of PS.Case No. -364 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Amod Kumar Yadav, son of Krishna Yadav, resident of village Punawar, P.S. Risiup, Distt. Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Arbind Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Aurangabad Town P.S. Case No. 364 of 2017 instituted for the offence under Sections 341, 323, 504, 353, 354 and 307 of the Indian Penal Code.

It has been submitted that petitioner had gone to Kishori Sinha Mahila College on the date of occurrence along with his wife to take her CLC for taking admission in B.Ed. During that period some altercation had taken place with the female Constable and his wife and, thereafter, the instant case has been filed against the petitioner.

Learned counsel for the petitioner has submitted that this petitioner is a Constable in BMP. The injury report has been enclosed as Annexure-2 which shows that the injuries were

Patna High Court Cr.Misc. No.63187 of 2017 (2) dt.22-12-2017 2/2 tenderness, swelling etc. and all the injuries were found to be simple in nature caused by hard and blunt substance. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Aurangabad Town P.S. Case No. 364 of 2017, he shall 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 Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T