Sheoji Yadav @ Siv Ji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65810 of 2018 Arising Out of PS. Case No.-162 Year-2017 Thana- PALIGANJ District- Patna ====================================================== Sheoji Yadav @ Siv Ji Yadav Son of Balkishun Yadav Resident of VillageChakiya,P.S. Paliganj, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Paliganj P.S. Case no. 162 of 2017 registered under Sections 147, 323, 324, 354, 452, 380 and 504 of the Indian Penal Code.

Petitioner is said to have pulled the saree of the informant in order to outrage her modesty while the informant was asleep on her terrace and on protest fisted her. However he made good his escape on arrival of the locals responding hulla made by her snatching her golden chain.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in the case due to land dispute.

Patna High Court Cr.Misc. No.65810 of 2018(2) dt.20-12-2018 2/2 Petitioner happens to be agnate of the informant and in relation his nephew. As a matter of fact, informant is aged about 60 years old. Occurrence is said to be of 04.06.2017 but the complaint petition has been filed by the informant after inordinate and abnormal delay of 25 days without assigning any plausible and convincing reason for the aforesaid delay. There is no eye witness of the occurrence. There is a case and counter case between the parties.

Learned APP for the State opposed the prayer for bail.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned 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 the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 162 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T