Patna High CourtCR. MISC./45030/2016bail granted

Tuntun Yadav And ANR v. The State Of Bihar

2016-11-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45030 of 2016 Arising Out of PS.Case No. -81 Year- 2016 Thana -HALSI District- LAKHISARAI ======================================================

1. Tuntun Yadav Son of Late Chamru Yadav

2. Pravesh Yadav Son of Pago Yadav Both Resident of village- Choraha, P.S.- Ramgarh, Chowk, District- Lakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bharat Lal For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard both sides.

Petitioner No. 2 Pravesh Yadav apprehends his arrest in Halsi P.S. Case No. 81/2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that on 14.06.2016 the petitioner and other accused persons came. They unfolded her clothes with bad intention. Pago Yadav snatched golden ear rings and Mangalsutra worth Rs. 40,000/-. The petitioner Pravesh Yadav is alleged to have assaulted the informant with iron rod on her body.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.45030 of 2016 (3) dt.23-11-2016 2/2 case is lodged after two days of the occurrence. It is alleged that the police came after the occurrence, but there is no justification for lodging the case after delay. The informant got simple injury on her person. It is further submitted that the informant was candidate of Mukhiya but she lost election and Tuntun Yadav elected as Up-Pramukh of Lakhisarai Panchayat Samiti and that is why this false case has been lodged. Similarly situated Pago Yadav and Nawlesh Yadav @ Nawlesh Kumar @ Nalalesh Yadav @ Nawley Yadav @ Nawley have already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 43655/2016. Considering the facts aforesaid, Petitioner No.

2 Pravesh yadav above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri R. Das, Judicial Magistrate 1st Class, Lakhisarai in connection with Halsi P.S. Case No. 81/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.)