Ramnarayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63349 of 2022 Arising Out of PS. Case No.-89 Year-2020 Thana- KHUTAUNA District- Madhubani ====================================================== Ramnarayan Yadav, Son of Late Janak Yadav R/O Village - Kalaripatti, P.S.- Khutauna, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023 Heard learned counsel for the parties.

2. The petitioner seeks bail in anticipation of their arrest in connection with Khutauna P.S. Case No. 89 of 2020, dated 04.07.2020, registered for the offences punishable under Sections 341, 323, 354, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that there is cross case for the similar offence lodged against the informant by the petitioner, and FIR lodged by the petitioner was in earlier point of time, whereafter in order to save herself, on the next day, the informant lodged a false FIR against the petitioner. It is further submitted that grievous injury has been caused to the petitioner.

Patna High Court CR. MISC. No.63349 of 2022(2) dt.24-04-2023 2/3

4. Learned APP opposes the prayer of anticipatory bail of the petitioner.

5. Taking into consideration the facts of the case and that the petitioner has received grievous injuries, I am inclined to grant anticipatory bail to him, in the event of arrest, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are as under:- (i). The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required.

(ii). The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, (iii). The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv). The petitioner shall maintain law and order; (v). The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

Patna High Court CR. MISC. No.63349 of 2022(2) dt.24-04-2023 3/3 (vi). The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

(vii). The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 68 U