Bidyanand Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48727 of 2015 Arising Out of PS.Case No. -1014 Year- 2013 Thana -KHAGARIA COMPALINT CASE District- KHAGARIA ====================================================== Bidyanand Yadav S/o- Sri Saryug Yadav, resident of village- Dhamhara, P.S.- Mansi, District- Khagaria .... .... Petitioner

Versus

1. The State of Bihar

2. Saryug Yadav, S/o Late Jagan Yadav, Resident of village- Dhamhara, P.S.- Mansi, District- Khagaria

3. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bharat Bhushan, Advocate For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 03-11-2015 Petitioner apprehends his arrest in a Complaint case under sections 223, 420,504 of the Indian Penal Code lodged by his father Saryug Yadav.

The complainant has two sons who are fighting over share of land which belongs to him. The petitioner has even filed a false case against his brother Nityanand Yadav in which he has addressed him as son of Late Saryug Yadav (complainant), when the latter is very much alive.

The petitioner submits that on account of slip of pen of the Officer-in-charge, the complainant has been described as Late 'Saryug Yadav' which is a bonafide mistake. Furthermore, the dispute if any, is of civil nature.

Patna High Court Cr.Misc. No.48727 of 2015 (2) dt.03-11-2015 In the facts of the case, in event of surrender within six weeks, let the petitioner as named above, be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, JM, 1st class, Khagaria in Complaint case no.1014 C of 2013. Petitioner would co-operate in the trial.

(Samarendra Pratap Singh, J) Shashi.

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