Kapildeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80915 of 2019 Arising Out of PS. Case No.-170 Year-2017 Thana- MORKAHI District- Khagaria ====================================================== KAPILDEO YADAV S/o Sitaram Yadav, R/o vikllage Anandpur Paras, P.S. Morkahi (Amoushi), Dist.-Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 341, 323, 448, 504, 379, 354B, 506 and 34 of the Indian Penal Code. As per allegation in the F.I.R., the accused persons named in the F.I.R. are said to have entered in the house of the informant, to have assaulted the informant and his family members and of having abused the lady members of the family. It is finally stated that they took away the amount kept by the informant.

It is submitted by learned counsel for the petitioner that from perusal of the parentage of the petitioner as well as the informant as also the statement made in paragraph no.7 of the petition, it would be evident that the petitioner and the

Patna High Court CR. MISC. No.80915 of 2019(2) dt.24-02-2020 2/2 informant are full brothers. It is further submitted that there are case pending between the parties from before, one of the case being Morkahi P.S. Case No.171 of 2017 filed by the wife of the petitioner against the informant. It is submitted that the allegations levelled in the F.I.R. are false and concocted. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Morkahi P.S. Case No.170 of 2017, G.R. No.3275 of 2017 is directed to be enlarged on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Khagaria, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code. (Partha Sarthy, J.) amit/- U T