Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39379 of 2019 Arising Out of PS. Case No.-216 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== SURESH YADAV Son of Late Gariban Yadav Resident of Village-Telhatta Dhamni, P.S.-Kawakole, District-Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kawakole P.S. Case No. 216 of 2018 for the offence punishable under Sections 341, 323, 308, 506, 504 and 379 of the Indian Penal Code.

It is alleged in the First Information Report that when the petitioner had gone to meet his sister in her matrimonial home, the in-laws of his sister assaulted him variously.

Learned counsel appearing on behalf of the petitioner has submitted that it is evident from the First Information Report that there is some dispute in the family because of which occurrence might have taken place. In any event, it is submitted, no offence under Section 308 of the Indian Penal Code can be said to be made out. It has also been

Patna High Court CR. MISC. No.39379 of 2019(2) dt.27-06-2019 2/2 argued that the injuries have been found to be simple in nature. Considering the genesis of occurrence and nature accusation, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 learned A.C.J.M. IVth, Nawada, in Kawakole P.S. Case No. 216 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T