Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16093 of 2023 Arising Out of PS. Case No.-400 Year-2021 Thana- MANJHI District- Saran ====================================================== 1.

SHANKAR YADAV SON OF UTIM YADAV R/O VILLAGEURIYANPUR, P.S.- MANJHI, DISTRICT- SARAN 2.

KAMAL YADAV SON OF HIRA YADAV R/O VILLAGE- URIYANPUR, P.S.- MANJHI, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Govind Mishra,Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Manjhi P.S. Case No.400 of 2021, registered for the offences punishable under Sections 341, 323, 325, 354(B), 307, 349/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein, having assaulted the informant on the alleged date and time of occurrence and having torn her clothes. The learned counsel for the petitioners has

Patna High Court CR. MISC. No.16093 of 2023(2) dt.24-05-2023 2/3 submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted, by referring to the impugned order dated 12.07.2022, that no injury report of the informant has ever been brought on record, hence no serious injury has been caused upon the person of the informant.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled, apart from the fact that there is no evidence to show that the informant has sustained any serious injuries, I deem it fit and proper to admit the petitioners herein to the privilege of

Patna High Court CR. MISC. No.16093 of 2023(2) dt.24-05-2023 3/3 anticipatory bail.

Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Chapra in connection with Manjhi P.S. Case No.400 of 2021, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) sonal/S.SbU T