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Patna High CourtCR. MISC./9847/2017allowed

Arjun Yadav v. The State Of Bihar

2017-03-28Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.9847 of 2017 (3) dt.28-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9847 of 2017 Arising Out of PS.Case No. -178 Year- 2016 Thana -JHAJHA District- JAMUI ======================================================

1. Arjun Yadav son of Ram Pravesh Yadav resident of Hill Colony, Railway Quarter, Near Jhajha Down Platform, beside Hanuman Mandir, P.S. Jhajha, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jhajha Police Station Case No. 178 of 2016, disclosing offences under Sections 354, 376/511, 323 and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to earlier dispute between the parties. In fact, the occurrence had taken place on 18.07.2015 but the complaint was filed on 20.07.2015 after lapse of two days of the occurrence. No medical report in support of prosecution case is available on record. Therefore, no case under Section 376/511 of the I.P.C. is made out against the

Patna High Court Cr.Misc. No.9847 of 2017 (3) dt.28-03-2017 petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Jamui, in connection with Jhajha Police Station Case No. 178 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T