Jay Narayan Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.35500 of 2014 (8) dt.17-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35500 of 2014 Arising Out of PS.Case No. -422 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ======================================================

1. Jay Narayan Yadav Son of Late Baijnath Yadav Resident of VillageKhorma, Police Station- Marauna, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kusum Devi Wife of Ram Chandra Yadav Resident of Village- Khorma, Police Station- Marauna, District- Supaul.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 422-C of 2013 registered for the offences punishable under Sections 323, 376/511 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present case has been filed against the petitioner only to wreak vengeance. It is further submitted that the offence, as alleged against the petitioner under Section 376/511 of the Penal Code is not made out against the petitioner.

Learned counsel for the complainant submits that for similar allegation, petitioner has been implicated in another case. It is further submitted that petitioner is a character of

Patna High Court Cr.Misc. No.35500 of 2014 (8) dt.17-09-2015 doubtful antecedent and therefore, he does not deserve for anticipatory bail.

Considering the facts and circumstances of the case and also the counter affidavit filed on behalf of the complainant, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Supaul in connection with Complaint Case No. 422-C of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T