Ram Iquabal Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37648 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -BODHGAYA District- GAYA ======================================================

1. Ram Iquabal Yadav, S/o Kedar Yadav, R/o Village - Rampur, P.S. - Bodh Gaya, District - Gaya.

2. Upendra Yadav, S/o Late Raghu Yadav, R/o Village - Baijan Bigha, P.S. Magadh University, District - Gaya.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party : Mr. Dr.Mrityunjaya Kr.Gautam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2017 Heard learned counsel for the petitioners as well as learned A.P.P. for the State.

The petitioners pray for anticipatory bail in connection with Bodh Gaya P.S. case no. 54 of 2016 registered for the offence punishable under Sections 147, 148, 149, 341, 324, 326, 307, 379 of the Indian Penal Code.

It has been submitted on behalf of petitioner no. 1 that petitioner no. 1 has already been arrested by the police. As such, he may be permitted to withdraw the application against petitioner no. 1.

Accordingly, permission is granted and the petition for anticipatory bail against petitioner no. 1 is withdrawn.

Patna High Court Cr.Misc. No.37648 of 2016 (5) dt.11-01-2017 2/2 So far as petitioner no. 2 is concerned, the allegation is that he has assaulted the informant with dagger on her thigh. However, injuries shows that there is lacerated injury on the back of the informant and not on thigh. Morever, compromise petition is also filed to that effect which has been annexed as Annexure-1.

Heard learned A.P.P. also. Learned A.P.P. opposed the prayer for anticipatory bail.

Having heard both sides. In above view of the matter, let petitioner no.2 Upendra Yadav, in the event of his arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. case no. 54 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J.) rinkee/- U T