Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66680 of 2019 Arising Out of PS. Case No.-235 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

KUNDAN YADAV Son of Late Yodhan Lal Yadav Resident of VillageGokhulpur, Chauk, P.S-K.Nagar, District-Purnea. 2.

Gopal Yadav @ Gopal Kumar Son of Late Arun Yadav Resident of VillageGokhulpur, Chauk, P.S-K.Nagar, District-Purnea. 3.

Dharmdeo Yadav @ Dharmdeo Kumar Son of Bharat Bhushan Resident of Village-Mahpura, P.S.-Mahesi, District-Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2020 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with K. Nagar P.S.Case No.235 of 2019 , registered for offences punishable under Sections 448, 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

As per the prosecution case, the petitioners entered inside the house of the informant and the petitioner no.1 has assaulted one Mangal Yadav on head by Rod causing injury and so far petitioner no.3 is concerned there is allegation against him of assaulting by fists and slaps also and the petitioner no.2 is also named in the FIR and there is allegation of snatching of Rs.50,000/- also.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.66680 of 2019(4) dt.10-01-2020 2/2 that as a matter of fact Mangal Yadav has entered inside the house of the aunt of the petitioner no.1 and attempted to commit rape upon her and also assaulted her and a case has been lodged against Mangal Yadav and thereafter the present case has been lodged by the informant in order to save their skin and the same will appear from Anneuxre 2. So far petitioner no.2 is concerned, there is no allegation against him. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K. Nagar P.S.Case No.235 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T