Kiran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21757 of 2018 Arising Out of P.S.Case No. -586 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ====================================================== Kiran Yadav S/o Chhedi Yadav, R/o Mohalla- Naya Tola Karala, P.S.- Madhusudanpur (Nath Nagar), District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Yogendra Kr. Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.

The petitioner apprehends arrest in connection with Nath Nagar (Madhusudanpur) P.S.Case No.586 of 2017 registered for an offence under Section 323 and other Sections of the IPC. The allegation as per written report is that this petitioner and one Santu Yadav entered into the house of the informant and brutally assaulted her and also outraged her modesty.

Learned counsel for the petitioner submits that that the allegation of outraging modesty of informant is against Santu Yadav. This petitioner is full brother of the informant and is willing to sell of landed property. The informant at the instance of her husband has lodged this case in order to grab the property of the petitioner.

Patna High Court Cr.Misc. No.21757 of 2018 (2) dt.26-04-2018 2/2 The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-I, Bhagalpur in connection with Nath Nagar (Madhusudanpur) P.S.Case No.586 of 2017 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T