Patna High CourtCR. MISC./11494/2024bail granted

Dhanjee Yadav v. The State Of Bihar

2024-02-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11494 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- SIKRAUL District- Buxar ====================================================== 1.

DHANJEE YADAV SON OF BANKA YADAV R/O-GOPPUR, P.S.- SIKRAUL, DISTT.-BUXAR 2.

PHUL KUMARI @ PHUL KUMARI DEVI WIFE OF DHANJEE YADAV R/O-GOPPUR, P.S.-SIKRAUL, DISTT.-BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Om Prakash Upadhyay, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379, 504/34 of the Indian Penal Code.

3. Allegation against the petitioners is that on 05.11.2023, petitioners along with other accused persons went to the house of the informant and abused and assaulted the his mother. When informant came to the rescue, co-accused Dharam Raj Yadav hit the informant on his head by means of iron rod and snatched golden chain of the informant and Mangalsutra of the mother of the informant.

Patna High Court CR. MISC. No.11494 of 2024(2) dt.22-02-2024 2/2

4. Learned counsel for the petitioners submits that allegation against the petitioners is general and omnibus and there is no specific allegation of overt act against the petitioners. Petitioners are co-villagers of the informant and the present case is counter case of the FIR No. 123/2023 which was lodged by the petitioner No. 1 for the occurrence dated 05.11.2023.

5. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Sikraul P. S. Case No. 124 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T