Suro Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10067 of 2023 Arising Out of PS. Case No.-93 Year-2022 Thana- ALOULI District- Khagaria ====================================================== SURO YADAV S/O LATE RASO YADAV Resident of Village- Nanku Tola, P.S.- Alauli, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Alauli Police Station Case No. 93 of 2022, dated 02.03.2022, disclosing offences under Sections 457/341/323/ 506/354-B/379/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that co-accused Lalo Yadav, who happens to be the son of the petitioner, entered into the house of the informant, assaulted her and tried to outrage her modesty and on halla being raised by the informant, co-villagers arrived and upon call of Lalo Yadav, the petitioner also entered into the room of the informant and assaulted her with fists, slaps and butt of the rifle. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10067 of 2023(2) dt.19-05-2023 2/3 petitioner is 74 years old and is the father of co-accused Lalo Yadav. He further submits that the petitioner owns a land, situated in the village of the informant and there is financial relationship between the informant and the petitioner and due to some dispute, the family members of the petitioner, including the petitioner, have falsely been implicated in this case. He further submits that no apparent serious injury has been caused to the informant.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are having financial relationship, the petitioner is 74 years old and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released 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 learned Chief Judicial Magistrate, Khagaria, in connection with Alauli Police Station Case No. 93 of 2022, subject to the condition laid down under

Patna High Court CR. MISC. No.10067 of 2023(2) dt.19-05-2023 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √