Dayanand @ Dayanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62957 of 2022 Arising Out of PS. Case No.-284 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== DAYANAND @ DAYANAND KUMAR Son of Shiv Kumar Yadav R/VLahas, P.S- Rafiganj, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ashok Kumar Singh For the State :

Mr. Sanjay Kumar Pandey For the Informant : Mr. Amit Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 354A and 354B of the Indian Penal Code.

The allegation against the petitioner is that he entered into the house of the informant and started taking her out of the house after closing her mouth.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. The allegation levelled against the petitioner is not specific

Patna High Court CR. MISC. No.62957 of 2022(3) dt.01-05-2023 2/2 rather general and omnibus in nature. There is admitted land dispute between the parties. It is further submitted that the petitioner and informant are heirs of common ancestors, namely, Late Lutan Yadav and are cousin brother and cousin sister. It is further submitted that there is dispute over a piece of Gairmajarua land which was in possession of both the families since long. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rafiganj P.S. Case No. 284 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T