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Patna High CourtCR. MISC./961/2021allowed

Ajay Kumar Yadav @ Ajay Yadav v. The State Of Bihar

2021-03-02Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.961 of 2021 Arising Out of PS. Case No.-399 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== AJAY KUMAR YADAV @ AJAY YADAV S/o Late Prabhu Yadav, R/o Village- Rajaura, Purbari Tola, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 306, 201, 34 of the Indian Penal Code.

Prosecution case in brief is that the informant has alleged that he is posted as Chaukidar 9/8. During patrolling the informant came to know that one Ajay Yadav was quarrelling with his gotia (agnates). One Ravina Kumari aged about 17

Patna High Court CR. MISC. No.961 of 2021(2) dt.02-03-2021 2/3 years who is happened to be daughter of Ajay Yadav has intervened between the quarrel and prevented them for quarrelling due to which Ajay Yadav (petitioner) has made abuse and assaulted to her daughter. The informant has further alleged that due to that reason, daughter of Ajay Yadav has committed suicide by hanging and one Ajay Yadav and the some other persons have this appeared the dead body. The informant has further stated that he has come to know about the incident after delay so the present case has been filed after some delay. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. From bare perusal of the FIR, it is evident that the first date of occurrence is 06.08.

2020 but the FIR has been registered on 10.08.2020 after delay of four days. He further submits that after investigation charge sheet has been submitted in this case under Sections 306, 201/34 of the Indian Penal Code. The petitioner is languishing in judicial custody since 27.08.2020. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five

Patna High Court CR. MISC. No.961 of 2021(2) dt.02-03-2021 3/3 thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 399/2020 to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Anjani Kumar Sharan, J) amitkumar/- U T