Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14438 of 2018 Arising Out of PS.Case No. -134 Year- 2017 Thana -NAWADA MUFFASIL District- NAWADA ====================================================== Umesh Yadav, S/o Late Punai Yadav, R/o Village- Hari Nandan Bigha, P.S.- Muffasil, District- Nawadah.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Muffasil P.S. Case No. 134 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code. The allegation against the petitioner is that he assaulted the informant with Garansa on her head. The injury report of the informant has been enclosed asAnnexure-2 wherein the Doctor has found simple injury on her person. From the written report itself it appears that occurrence has taken place on account of grazing the paddy field of the informant by she goat of the petitioner.
It has been submitted on behalf of the petitioner that petitioner is uncle of the informant and their houses are just
Patna High Court Cr.Misc. No.14438 of 2018 (2) dt.30-03-2018 2/2 adjacent to each other.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Muffasil P.S. Case No. 134 of 2017, he shall 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 learned Chief Judicial Magistrate, Nawadah, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.