Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63359 of 2018 Arising Out of PS. Case No.-131 Year-2018 Thana- HALSI DistrictLakhisarai ========================================== Kamlesh Yadav son of Late Yaddu Yadav, Resident of VillageSahnagar, P.S. Ramgarh Chowk, District Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Maijorwar For the Opposite Party/s :

Mr. Sri Narsingh Tanti ========================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Halsi (Ramgarh Chowk) P.S. Case No. 131 of 2018 dated 21.08.2018 instituted for the offences under Sections 341, 323, 315, 354, 379, 427, 447, 504, 506, 34 of the Indian Penal Code.

The petitioner, his wife and his daughter along with three or four other persons are alleged to have assaulted the wife of the informant and the informant as well. The learned counsel for the petitioner has submitted that his wife has also filed a case against the

Patna High Court Cr.Misc. No.63359 of 2018(2) dt.11-12-2018 2/3 informant of the present case vide Halsi(Ramgarh Chowk) P.S. Case No. 132 of 2018.

The petitioner as well as the informant are not only neighbours but are related to each other also. The issues between them could well have been resolved by the Panchayat but both sides have chosen to file cases against each other. The allegation of assault on the wife of the informant who was pregnant is not correct, or else she would not have delivered a baby under normal circumstances. The learned counsel has shown some certificate stating that the wife of the informant has delivered a baby safely. Considering the aforesaid facts as also taking into account the clean antecedents of the petitioner, the petitioner, above named, in the event of his arrest or surrender within a period of four weeks from today before the learned Court below, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Halsi (Ramgarh Chowk) P.S. Case No. 131

Patna High Court Cr.Misc. No.63359 of 2018(2) dt.11-12-2018 3/3 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T