Chhotu Kumar Yadav @ Chhotu Kumar @ Pramod Yadav @ Pramod Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39186 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -KEOTI District- DARBHANGA ====================================================== Chhotu Kumar Yadav @ Chhotu Kumar @ Pramod Yadav @ Pramod Thakur, S/o Pragash Yadav, R/o Vill.- Dhobagama, P.S.- Keoti, DistrictDarbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi, Advocate For the informant : Mr. Vinay Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Keoti P.S. Case No.06 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Counsel for the petitioner submits that that there is case and counter case for the same date of occurrence. Counter case has been filed by Pragash Yadav, father of petitioner, vide C.R. No. 92 of 2018. Both parties are agnate. They are on litigating terms since prior to institution of the instant case. Counsel for the petitioner further submits that co-accused Vidya Yadav has already been granted anticipatory bail by a coordinate

Patna High Court Cr.Misc. No.39186 of 2018 (3) dt.10-08-2018 2/3 Bench of this Court vide order dated 04.07.2018 passed in Cr. Misc. 36247 of 2018.

The allegation against the petitioner in the written report is of assaulting daughter of the informant Nitu Kumari with spade causing injury on her head.

The injury report of Nitu Kumari has been enclosed as Annexure-4 which shows that she has sustained one lacerated wound on her head caused by hard and blunt substance and opinion has been kept reserved.

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 Keoti P.S. Case No.06 of 2018, 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 Additional Chief Judicial Magistrate-VII, Darbhanga, 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

Patna High Court Cr.Misc. No.39186 of 2018 (3) dt.10-08-2018 3/3 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.Ali/- Rohit Kr.

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