Rakesh Kumar Yadav @ Rakesh Kumar @ Rakesh Yadav @ Rakesh Kumar Roushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11692 of 2023 Arising Out of PS. Case No.-293 Year-2021 Thana- BABUBARHI District- Madhubani ====================================================== 1.

RAKESH KUMAR YADAV @ RAKESH KUMAR @ RAKESH YADAV @ RAKESH KUMAR ROUSHAN S/O LALDEO YADAV Resident of Ward No.- 5, Village- Majhav Sonmati, Pathrahi, P.S.- Babubarhi, DistrictMadhubani. 2.

LALDEO YADAV S/O MITHU YADAV Resident of Ward No.- 5, VillageMajhav Sonmati, Pathrahi, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

Learned counsel for the petitioner prays to make necessary correction in para-7 of the bail application in course of day.

Permission is granted.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 342, 323, 379, 354(B), 384, 504, 506/34 of the Indian Penal Code. Allegedly, the petitioners and other co-accused persons including the husband of the informant lifted her and confined her in a vehicle and assaulted her and also threatened her to

Patna High Court CR. MISC. No.11692 of 2023(2) dt.27-04-2023 2/3 withdraw the case of Babubarhi P.S. Case No.209 of 2021. The accused persons confined her in the house of Ramdeo Yadav and misbehaved with her and assaulted her.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioner no.1 is the cousin brother of the husband of the informant and petitioner no.2 is the father of petitioner no.1. He further submits that the specific allegation is against the co-accused Surendra Yadav. There is no specific overt act against the petitioners. Petitioners have one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.11692 of 2023(2) dt.27-04-2023 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Babubarhi P.S. Case No.293 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T