Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73276 of 2019 Arising Out of PS. Case No.-359 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== DILIP YADAV S/O Late Rohan Yadav Resident of Village- Ganni Pipra, P.S.- Fatehpur, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Surendra Prasad Singh For the Informant : Mr. Amrendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Fatehpur P.S. Case No. 359 of 2018 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

As per FIR some miscreants entered inside the house of the informant and taking away ornaments worth Rs.40,000/- and petitioner was identified.

Submission of learned counsel for the petitioner is that he is nephew of cousin brother of the informant and as a matter of fact earlier a case has been lodged by wife of petitioner against informant and others with allegation they called her as dyne and assaulted her and due to that the present false case has been filed implicating the petitioner. So far identification is concerned, it does not appear to be probable as

Patna High Court CR. MISC. No.73276 of 2019(2) dt.19-11-2019 2/2 it is not possible that any known person entered inside the house who is known to him without covering his face. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioner.

In view of above facts and circumstances, let petitioner surrender in the court below within a period of three weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-X, Gaya, in connection with Fatehpur P.S. Case No. 359 of 2018, G.R.No. 7753 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition that petitioner has to cooperate in the investigation. (Vinod Kumar Sinha, J) spal/- U T