Pawitar Yadav @ Paritar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74075 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- BAUNSI District- Banka ====================================================== Pawitar Yadav @ Paritar Yadav, Son of Matru Yadav Resident of Village - Bhikhanpur, P.S.- Bausi, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Debesh Kumar Poddar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Baunsi P.S. Case No.207 of 2019 registered for the offence punishable under Sections 341, 323, 354 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there seems to be a dispute over cultivation of land and the allegation against this petitioner is that when the informant was

Patna High Court CR. MISC. No.74075 of 2019(2) dt.11-12-2019 2/3 returning home after seeding her field, this petitioner had abused her in filthy language and after catching her hair dragged her due to which she fell down and then she was assaulted and her blouse was torn, but these allegations according to him are false and flimsy allegations which have been purposely made to falsely implicate this petitioner and whole dispute is over the cultivation of land only, the petitioner has remained in custody since 18.08.2019 and it is not the submission of learned APP for the State that release of the petitioner is in any way likely to influence the trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Baunsi P.S. Case No.207 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing

Patna High Court CR. MISC. No.74075 of 2019(2) dt.11-12-2019 3/3 such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T