Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54995 of 2019 Arising Out of PS. Case No.-68 Year-2019 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

DINESH YADAV Son of Late Ramchandra Yadav 2.

Radhe Yadav Son of Late Ramchandra Yadav 3.

Prabhu Yadav Son of Late Ramchandra Yadav All Resident of Village - Naudiha, P.S.- Chand, Distt - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 The petitioners apprehend their arrest in connection with Chand P. S. Case No. 68 of 2019 registered under Sections 323,341,354,379,504 and 506/34 of the Indian Penal Code. Allegation against the petitioners is that petitioners entered into the house of the informant abused her and also assaulted her and petitioners nos. 2 and 3 pulled her Sari and tried to outrage her modesty.

Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case due to land dispute between the petitioners and the informant and a title suit is pending between them and both parties are agnates. He submits that just after the present case another false

Patna High Court CR. MISC. No.54995 of 2019(2) dt.30-08-2019 2/2 case bearing Chand P.S. Case No. 122 of 2019 has been lodged by husband of the informant in which petitioners have been enlarged on anticipatory bail by the court below itself. Learned counsel further submits that informant has got no injury inasmuch as no apparent injury report has been produced by the prosecution.

After having heard learned counsel for the parties and taking into consideration the fact that both parties are agnates and there is land dispute between them and further no injury has been caused to the informant, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Kaimur at Bhabua in connection with Chand P.S.Case No. 68 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T