Golu Yadav @ Golu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31464 of 2020 Arising Out of PS. Case No.-35 Year-2020 Thana- MAHILA P.S. District- Siwan ====================================================== GOLU YADAV @ GOLU KUMAR YADAV Son of Prahlad Chaudhary @ Pahalad Chaudhari Resident of Village- Khaidhai Tola, Hata, Police StationAndar, District- Siwan. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-01-2021 Heard Mr. Anil Kumar, learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner apprehends his arrest in connection with Siwan Mahila PS Case No. 35/2020 registered for the offence punishable under Sections 341, 323, 354, 379 of the IPC.
3. The allegation, as per FIR, is that the petitioner entered into the house of the informant and started touching her body and when she raised alarm, the petitioner fled away. Subsequently, when the informant made a complaint to the father of the petitioner, both petitioner and his father assaulted the informant and her mother-in-law and also snatched her golden Mangal Sutra and ear-rings.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute between the parties. Learned counsel further submits that both the parties are agnates and co-sharers and petitioner happens to be the nephew of the informant. Learned counsel for
Patna High Court CR. MISC. No.31464 of 2020(2) dt.06-01-2021 2/2 the petitioner also submits that petitioner has got no criminal antecedents and the injury caused to the informant has been found simple in nature.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that parties are aganates and there is land dispute between them, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, petitioner, GOLU YADAV @ GOLU KUMAR YADAV shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Siwan in connection with Siwan Mahila PS Case No. 35/2020, subject to the conditions as laid down under Section 438(2) CrPC.
7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T