Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70205 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- BIHPUR District- Bhagalpur ====================================================== Manoj Yadav, Son of Palakdhari Yadav, Resident of Village- Narayanpur, Police Station- Bihpur (Bhawanipur), District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,506,354B and 379/34 of the IPC.
The prosecution case as per the written report of Arhula Devi dated 14.5.2017 submitted to the SHO, Bhawanipur Police Station is to the effect that on 8.5.2017 altercation started on the point of grazing of maize crops by the cows of the accused persons. When protest was made, it is alleged that the petitioner and other co-accused persons assaulted the informant and her daughter. It is further alleged that co-accused Palakdhari Yadav outraged the modesty of the informant and co-accused Manish Yadav snatched Rupees Five Thousand from the informant. It is submitted by learned counsel for the petitioner that
Patna High Court Cr.Misc. No.70205 of 2018(2) dt.07-12-2018 2/2 the accusation of assault is omnibus and general and the petitioner is agnate of the informant. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Considering the nature of accusation against the petitioner coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM III, Naugachhia in connection with Bihpur (Bhawanipur) P.S. Case No.172 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U