Chhopali Yadav @Ghopali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57619 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- CHAKAI District- Jamui ====================================================== CHHOPALI YADAV @GHOPALI YADAV, aged about 40 years, Male, Son of Late Huro Yadav, Resident of Village - Billy, P.S.- Chakai, Distt - Jamui ... Petitioner

Versus

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

For the Petitioner :

M/s Akash Raj & Santosh Kumar, Advs.

For the Opposite Party :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Chakai P.S. Case No. 74 of 2019 for the offences alleged under Sections 341, 323, 308, 504 and 34 of the Indian Penal Code. The accusation is that informant, Kalavati Devi, was going to the field in the morning to fill the cow dungs, at that time, her brother-in-law, Gopali Yadav, was ploughing the field, there she saw the ridge of her field was cut, then, she made protest, on which Bitno Devi, wife of her brother-in-law started to abuse and Gopali Yadav caused injury to her with stick due to which she sustained blood oozing injury. On raising alarm by her the neighbours rushed and she was saved.

The submission of the learned counsel for the petitioner is that while allegation has been made by the

Patna High Court CR. MISC. No.57619 of 2019(2) dt.11-09-2019 2/2 informant causing her injuries, but, the injuries, found on the person of the informant, are simple in nature. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Chakai P.S. Case No. 74 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Jamui, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T