Patna High CourtCR. MISC./5759/2021bail granted

Mohan Yadav v. The State Of Bihar

2021-11-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5759 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== 1.

MOHAN YADAV, SON OF LATE BIHARI YADAV RESIDENT OF VILLAGE- INTPAKWA, P.S- KAWAKOLE, DISTRICT- NAWADA 2.

LALTI DEVI WIFE OF MOHAN YADAV RESIDENT OF VILLAGEINTPAKWA, P.S- KAWAKOLE, DISTRICT- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 354A, 379, 504 and 506/34 of the Indian Penal Code. Both sides are agnates. For trivial dispute, occurrence of assault is alleged against the petitioners. One of the petitioners is female. Petitioners have got no criminal antecedent.

Considering the facts aforesaid, this is not a fit case wherein the petitioners should be compelled to go to jail.

Patna High Court CR. MISC. No.5759 of 2021(2) dt.15-11-2021 2/2 Hence let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kawakole P.S. Case No. 42 of 2020, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (b) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below (c) The petitioners shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T