Vanshidhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56551 of 2022 Arising Out of PS. Case No.-117 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== Vanshidhar Yadav, Son of Late Srikant Yadav, R/V- Binoba Gram, Janki Nagar, Ward No.7, P.S- Janki Nagar, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Janki Nagar P.S. Case No.117 of 2022 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 448, 506, 34 of the Indian Penal Code.

The petitioner is an accused in a case lodged by his elder daughter-in-law. She has alleged that the petitioner along with other family members have assaulted her and her children as well as husband indiscriminately. Against the petitioner, there is an allegation that he has given a blow with iron rod on her arm.

The learned counsel for the petitioner submits that the petitioner has been implicated in this case falsely. The injury

Patna High Court CR. MISC. No.56551 of 2022(2) dt.18-01-2023 2/3 sustained by the informant, in fact, arises out of a family feud, wherein a free-fight took place between the petitioner's two sons and their family. The younger daughter-in-law has also lodged a case, though on the next day, referring to the same occurrence where both parties have sustained injuries. The petitioner is in custody since 14.07.2022.

Learned APP for the State has opposed the prayer for bail. It is submitted that from the order of rejection of bail by the court of Additional Sessions Judge, it is apparent that the victim has sustained grievance injury. Other persons have also sustained injuries.

Considering the rival submissions, the fact that the informant is daughter-in-law of the petitioner, counter-version of occurrence, period of custody and clean antecedents of the petitioner, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Janki Nagar P.S. Case No.117 of 2022, subject to the following

Patna High Court CR. MISC. No.56551 of 2022(2) dt.18-01-2023 3/3 conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T