Nand Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82955 of 2019 Arising Out of PS. Case No.-348 Year-2019 Thana- RAJAON District- Banka ====================================================== NAND LAL YADAV Son of Sallo Yadav, Resident of Sanjha, P.S.- Rajoun, Distt - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anita Kumari Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Rajoun P.S. Case No. 348 of 2019 for the offence punishable under Sections 341, 323, 354B, 504 & 506 of the Indian Penal Code.

The allegation is regarding the petitioner having misbehaved with the victim girl and is stated to have made derogatory comments against her.

The learned counsel for the petitioners submits that ingredients of offence under Section 354B of the Indian Penal Code are not present in the present case, hence at best it can be said that if at all any offence is made out, it is under section 354A of the Indian Penal Code, which is bailable. It is submitted

Patna High Court CR. MISC. No.82955 of 2019(2) dt.13-12-2019 2/2 that the petitioner is innocent and has been falsely implicated in the present case. Lastly it is submitted that one other case has been lodged against the petitioner but the petitioner has been made accused in the said case, after lodging of the present case. Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 348 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T