Patna High CourtCR. MISC./51801/2024bail granted

Vikash Yadav v. The State Of Bihar

2024-08-28Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51801 of 2024 Arising Out of PS. Case No.-36 Year-2018 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Vikash Yadav Son of Kartik Yadav R/o- VILLAGE- JONHIYA, P.S.- HAZARIBAGH, DISTT.- HAZARIBAGH (JHARKHAND0 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-08-2024 Heard Mr. Nafisuzzoha, learned counsel appearing on behalf of the petitioner and Mr. Ram Sumiran Rai, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Magadh University P.S. Case No. 36 of 2018 registered for the offence punishable under Sections 341, 323, 325, 307, 385, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R, the petitioner had assaulted the informant who is his father-in-law on non-fulfillment of certain monetary demand.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner and the informant are son-in-law and father-in-law respectively. Petitioner was not aware of the fact that an F.I.R. has been lodged against him.

Patna High Court CR. MISC. No.51801 of 2024(2) dt.28-08-2024 2/2 Petitioner later on came to learn that in a clandestine manner an F.I.R. has been instituted by his father-in-law. However, there was no question of being apprehended in any manner as there was no incidence which calls for such apprehension. Learned counsel further submitted that no process under Sections 82 and 83 Cr.P.C. has been issued till date.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the aforesaid submission made on behalf of the petitioner and the nature of allegation made in the F.I.R. and the fact that the petitioner and informant are son-inlaw and father-in-law respectively, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Magadh University P.S. Case No. 36 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T