Kuleshwar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.3529 of 2015 (3) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3529 of 2015 Arising Out of PS.Case No. -38 Year- 2014 Thana -KOTHI District- GAYA ====================================================== Kuleshwar Yadav son of Sarju Yadav, R/o village-Longtari, P.S.- Partap Pur, District- Chatra .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Kothi P.S. Case No. 38 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354 and 436 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.

Allegedly, extremists entered into the house of the informant during marriage ceremony and asked about the son of the informant but when the informant did not produce her son, then, they attempted to put the house of the informant on fire and slapped the women of the house.

Submission is of false implication and that there is no specific allegation against the petitioner who is the close relative

Patna High Court Cr.Misc. No.3529 of 2015 (3) dt.19-05-2015 of the informant and he has got no criminal antecedent. Similarly situated co-accused Jitan Yadav @ Jitendra Yadav has been allowed pre-arrest bail by another Bench of this Court vide order dated 5.2.2015 passed in Cr. Misc. No. 4969 of 2015, as such, the petitioner deserves sympathetic consideration to which the learned APP is not in a position to distinguish the case of the petitioner. In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya in connection with Kothi P.S. Case No. 38 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T