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Patna High CourtCR. MISC./25877/2017bail granted

Gulab Yadav v. The State Of Bihar

2017-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25877 of 2017 Arising Out of PS.Case No. -370 Year- 2016 Thana -WAJIRGANJ District- GAYA ======================================================

1. Gulab Yadav Son of Krishna Kumar Yadav @ Krishna Yadav resident of Village- Hasra, P.S.- Wazirganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Wazirganj Town Police Station Case No. 370 of 2016, disclosing offences under Sections 341/323/325/307/ 504/506/34 of the Indian Penal Code.

The petitioner is the younger brother of the husband of the informant. The father-in-law, mother-in-law and married sister of the husband of the informant have also been made accused.

Learned Counsel appearing on behalf of the petitioner has submitted that because of family dispute, false case has been lodged. It has also been submitted that

Patna High Court Cr.Misc. No.25877 of 2017 (3) dt.11-07-2017 2/2 no offence under Section 307 of the Indian Penal Code is made out since no grievous injury has been found on the body of the informant.

Considering the above submission, this application is allowed.

Let the petitioner, Gulab Yadav, 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 Additional Chief Judicial Magistrate I, Gaya, in connection with Wazirganj Police Station Case No. 370 of 2016, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √