Rajesh Yadav @ Rajo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10837 of 2022 Arising Out of PS. Case No.-368 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== 1.

RAJESH YADAV @ RAJO YADAV Son of Ghanshyam Yadav Resident of Village - Basmatta, P.s.- Laxmipur, Distt.- Jamui. 2.

Mukesh Yadav Son of Ghanshyam Yadav Resident of Village - Basmatta, P.s.- Laxmipur, Distt.- Jamui.

3.

Ghanshyam Yadav Son of Latge Sahdeo Yadav Resident of Village - Basmatta, P.s.- Laxmipur, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2022 It is submitted by learned counsel for the petitioners that during pendency of this application, petitioner no. 1 has been arrested and, as such, he seeks permission to withdraw this application.

In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner no. 1. So far as petitioner nos. 2 and 3 are concerned, the instant application for anticipatory bail has been filed by the them apprehending their arrest in connection with Laxmipur P.S. Case no. 368 of 2021 instituted for the offence punishable under Sections 341, 323, 325, 307, 504 and 354(B)/34 of the Indian

Patna High Court CR. MISC. No.10837 of 2022(2) dt.29-08-2022 2/3 Penal Code.

As per allegation in the FIR, while the informant was sleeping in her house, all of a sudden her neighbour Mukesh Yadav entered into her house with bad intention and pressed her mounth on knife point and tossed her down and tried to outrage her modesty. When she raised alarm, her family members came there and save her. All the FIR named accused persons assaulted them by means of iron rod as a result of which they have received injuries.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are is innocent and have been falsely implicated in this case. There is case and counter case between the parties. Both injured persons have received simple injuries in alleged occurrence. They have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners nos. 2 and 3 on bail. The petitioners nos. 2 and 3 are directed to surrender in the Court below within a period of four weeks from today and in the

Patna High Court CR. MISC. No.10837 of 2022(2) dt.29-08-2022 3/3 event of their arrest or surrender in connection with Laxmipur P.S. Case no. 368 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I class, Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U