Jawahar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7853 of 2022 Arising Out of PS. Case No.-648 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

JAWAHAR YADAV SON OF RAJBALI YADAV R/O VILLAGEKUSHAPUR, WARD NO.-3, P.S.- KAHALGAON, DISTRICTBHAGALPUR 2.

BHOLI YADAV SON OF BALESHWAR YADAV R/O VILLAGEKUSHAPUR, WARD NO.-3, P.S.- KAHALGAON, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 343, 323, 325, 354(B), 504, 506 and 34 of the Indian Penal Code. The informant alleges that when she along with her sister-in-law was alone in house, then petitioners along with Bhola Yadav came and misbehaved and on objection, dashed her on the ground and touched her inappropriately, further when her brother-in-law came, they assaulted him with lathi and fled. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that

Patna High Court CR. MISC. No.7853 of 2022(2) dt.01-09-2022 2/2 informant and petitioners are related as it has been specifically pleaded in paragraph '8' of the anticipatory bail application but the said relationship has been concealed in the F.I.R. Learned counsel submits that there is a land dispute between the parties on account of which the petitioners came to be implicated falsely and there is no injury report to support the allegation of assault. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kahalgaon P.S. Case No. 648 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T