Rajendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12614 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Rajendra Yadav Son Of Late Nujo Yadav R/O-Jamauli, Ward No. 9, P.S.- NAWKOTHI, Distt.-BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Nawkothi P.S. Case No. 137 of 2023, dated 06.10.2023, for the offences punishable under sections 341, 323, 325, 307, 504/34 of the Indian Penal Code.
3. As per the prosecution case, near the house of coaccused Mahendra Yadav, the petitioner and three unknown miscreants armed with iron rod and danda surrounded the informant's husband and threatened to kill. The co-accused Nand Kishore assaulted the informant's husband due to which his head got injured and blood started oozing out. The petitioner assaulted with iron rod on his nose due to which his nose got
Patna High Court CR. MISC. No.12614 of 2024(4) dt.17-05-2024 2/3 fractured. When the informant came to save him, the petitioner and all the co-accused persons tried to outrage the modesty of the informant and also assaulted her and threatened.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is case and counter case between both the parties. There is a delay of three days in lodging the F.I.R. and there is no plausible explanation for the same. The informant did not sustain any injury on his nose. The allegation of assault on the head of the informant's husband is against the co-accused Nand Kishore. Two cut injuries on occipital region which are grievous in nature. Both sides sustained injuries. Both the parties are agnates. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the
Patna High Court CR. MISC. No.12614 of 2024(4) dt.17-05-2024 3/3 like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Nawkothi P.S. Case No. 137 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T