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Dablu Kumar Yadav vs The State Of Bihar on 5 December, 2018

Criminal Miscellaneous No.69958 of 2018
Arising Out of PS. Case No.-386 Year-2018 Thana- RAJAON District- Banka

Dablu Kumar Yadav, Son of Ramdhani Yadav, Resident of Village- Sanjha,
Police station- Rajoun, District- Banka.

… … Petitioner/s
The State of Bihar.
… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr. Om Prakash Singh
For the Opposite Party/s : Mr. Sri Umesh Lal Verma


2 05-12-2018 Heard learned counsels for the petitioners and State.

The petitioners are apprehending arrest in a case registered

for the offences punishable under Sections 448 and 354 of the


The prosecution case, as per the written report of Pushpa

Kumari, dated 03.09.2018 submitted to the Station House,

Rajaun Police Station, is to the effect that on 01.09.2018 at 4

PM, the mother, sister and the brother of the informant went to

the paddy field for sowing, in the meantime, the petitioner

entered into the house of the informant and tried to outrage the

modesty of the informant and on protest being made by her, he

threatened and abused her and when the brother of the informant

came to the house, the petitioner fled away.

It is submitted by learned counsel for the petitioner that

even assuming the accusation to be true, no offence under
Patna High Court Cr.Misc. No.69958 of 2018(2) dt.05-12-2018

Section 354 IPC is made out against the petitioner. It is further

submitted that the petitioner is the agnate of the informant. For

the occurrence of 01.09.2018 at 4 PM, the FIR was lodged on

03.09.2018 at 5.40 PM. A statement has been made in paragraph

no.3 of the petition that the petitioner is not having any criminal


Learned APP submits that there is specific accusation

against the petitioner.

Considering the delayed lodging of the FIR and nature

of accusation, coupled with the statement made in paragraph

no.3 of the petition that the petitioner is not having any criminal

antecedent, let the above named petitioner be released on

anticipatory bail in the event of arrest/surrender before the

learned Court below within a period of twelve weeks from

today, on furnishing bail bonds of Rs. 10,000/- (ten thousand)

with two sureties of like amount each to the satisfaction of

learned Chief Judicial Magistrate, Banka in connection with

Rajoun P.S. Case No. 386 of 2018, subject to the condition as

laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J)


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