Jovraj Yadav @ Yuvraj Prasad Yadav @ Yuvraj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68830 of 2024 Arising Out of PS. Case No.-607 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== 1.

Jovraj Yadav @ Yuvraj Prasad Yadav @ Yuvraj Prasad Son of Rohan Prasad Yadav wrongly mentioned in the F.I.R. correct father's name is Ramsharan Prasad Yadav. R/O Vill.- Karmatand, Khatangi Newly, P.S.- Parna Dabour, Sirdala, Dist.- Nawada.

2.

Rohan Prasad Yadav @ Rohan Prasad @ Rohan Yadav Son of Late Buddhu Yadav @ Bandhu Prasad R/O Vill.- Karmatand, Khatangi Newly, P.S.- Parna Dabour, Sirdala, Dist.- Nawada.

... ... Petitioner/s

Versus

The State Of Bihar Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Fatehpur P.S. Case no. 607 of 2023 instituted for the offence under Sections 341, 323, 325, 354(B) and 504/34 of the Indian Penal Code.

3. The prosecution case is that the petitioner no. 1 is brother-in-law and petitioner no. 2 is father-in-law of the informant respectively and there is a dispute regarding partition of joint property of the family. It is alleged that on 25.07.2023,

Patna High Court CR. MISC. No.68830 of 2024(2) dt.18-10-2024 2/3 petitioners assaulted the informant with 'khanti' on the head of the informant and they also tried to outraged the modesty of the informant. Hence the FIR.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in connection with the present case due to family dispute. It is further submitted that on perusal of the FIR, it is clear that there is land dispute between the parties. It is further submitted that the petitioners have three criminal antecedents except the present one but he is on bail in all the three cases. Petitioner no. 2 has no criminal antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Fatehpur P.S. Case no. 607 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-Xth, Gaya,

Patna High Court CR. MISC. No.68830 of 2024(2) dt.18-10-2024 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T