Dhananjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44792 of 2017 Arising Out of PS.Case No. -47 Year- 2016 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Dhananjay Yadav Son of Late Jay Shankar Yadav, Resident of VillageSheokatahi, P.S. Vijaipur, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate. For the Opposite Party/s : Mr. Chaubey Jawahar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Vijaipur P.S. Case No. 47 of 2016 registered under Sections 341, 323, 315, 504, 34 IPC.

Learned counsel for the petitioner submits that the petitioner as well as the informant are first cousins, the allegation against the petitioner is that he along with two other accused had gone to the house of the informant where they pushed the pregnant wife of the informant causing miscarriage. Learned counsel for the petitioner has drawn my attention towards Annexure-2, which is an order dated 20.03.2017 passed in Cr. Misc. No. 8859/2017 in the case of Shri Ram Yadav (co-accused), who has been granted bail by a co-ordinate bench of this Court. The submission is that

Patna High Court Cr.Misc. No.44792 of 2017 (2) dt.21-09-2017 2/2 though the word 'miscarriage' has been used but in fact the coordinate bench of this Court has taken notice of the fact that the victim girl had delivered a male child because of injury and heavy bleeding. It is further submitted that a compromise has also been entered into between the parties.

Learned A.P.P. for the State opposed the prayer for bail.

Considering the facts that the case of the petitioner is similarly situated with the said Shri Ram Yadav, who has been granted bail and the kind of relationship which is being enjoyed by the petitioner and the informant, let the petitioner, namely, Dhananjay Yadav, be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Vijaipur P.S. Case No. 47/2016 subject to the conditions as laid down under Section 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Dilip, AR U T