Jainandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69411 of 2021 Arising Out of PS. Case No.-124 Year-2017 Thana- ARWAL District- Jehanabad ====================================================== JAINANDAN YADAV S/O BHUSHAN YADAV R/o village- Sarwarpur, P.S.- Mehandia, Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Choudhary For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Arwal P.S. Case no. 124 of 2017 instituted for the offence under Sections 341, 323, 364, 307 and 120(B)/34 of the Indian Penal Code.

It is a case of abduction and assaulting to the informant by the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR. During investigation, informant has taken the name of the petitioner after thought in her statement recorded under Section 164

Patna High Court CR. MISC. No.69411 of 2021(4) dt.20-09-2022 2/2 Cr.P.C.,. Her statement recorded under Section 164 Cr.P.C. is inconsistent and contradictory to the version mentioned in the FIR. Petitioner was working in the State of Jharkhand since 2015. At the time of alleged incident, petitioner was working as Munsi of contractor in Ranchi. There is no specific overt act in respect of abduction of the informant against the petitioner. . Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Arwal P.S. Case no. 124 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Arwal subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U