Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85664 of 2019 Arising Out of PS. Case No.-531 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Kailash Yadav Son of Jogindra Yadav Resident of Village- Khajuri, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 531 of 2019 registered for the offences punishable under Sections 341, 323, 354, 379, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner alongwith other accused person entered into the house of the informant and tried to outrage modesty of the informant and also assaulted the informant and her son with iron rod, causing injury to them.

Learned counsel appearing on behalf of petitioner submits that the petitioner has falsely been implicated in this case. He further submits that the police has not registered the F.I.R. under section 307 I.P.C. as no injury has been caused to

Patna High Court CR. MISC. No.85664 of 2019(2) dt.18-02-2020 2/3 the informant and her son. He further submits that from perusal of the impugned order it does not appear that the injury has been caused to informant and her son, inasmuch as the case diary was called for by the court below but in the impugned order no injury has been discussed by the learned Sessions Judge. Learned counsel for the petitioner submits that there is a case and counter case inasmuch as for the occurrence which has taken place on the same date, the petitioner has lodged Naubatpur P.S. Case No. 530 of 2019 in which the informant side has been made accused and for which Annexure-2 has been annexed to this petition.

Having heard learned counsel for the parties and taking into consideration the fact that there is a case and counter case between the parties and no apparent injury to the informant and her son has been brought on record by the prosecution, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.85664 of 2019(2) dt.18-02-2020 3/3 learned Additional Chief Judicial Magistrate-II, Danapur in connection with Naubatpur P.S. Case No. 531 of 2019, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Anil Kumar Sinha, J) mdrashid/- U T