Jibachh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16610 of 2025 Arising Out of PS. Case No.-701 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== 1 .

Jibachh Yadav Son of Late Dhodhya Yadav Resident of Village - Umadan Tola, Sitanabad North Ward No.03, P.S. - Sahavsa, District - Saharsa 2.

Randhir Yadav Son of Jibachh Yadav Resident of Village - Umadan Tola, Sitanabad North Ward No.03, P.S. - Sahavsa, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad , Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341 , 323 , 324, 307, 354(B), 379, 384, 448, 504, 506 and 34 of the Indian Penal Code .

3 . As per the prosecution case , informant Neelam devi alleged that all the accused persons along with these petitioners entered the house of informant and abused and assaulted her and when she raised alarm , then petitioner No. 2 assaulted her with iron rod and petitioner No. 1 took gold earrings from informant and disrobed her and assaulted with

Patna High Court CR. MISC. No.16610 of 2025(2) dt.16-04-2025 2/3 fists. It is further alleged that petitioner No. 1 assaulted husband of informant with farsa . It is further alleged that all the accused persons threatened informant with dire consequences.

4. It is submitted on behalf of the petitioners that the petitioners are innocent and has falsely been implicated in this case . Allegation of assault is general and omnibus against these petitioners. Injury caused by petitioner No. 2 is simple in nature . Petitioners claim clean antecedent.

5 . Learned counsel for the State opposed the bail petition and submitted that some injuries caused by petitioner No. 1 is grievous in nature .

6 Considering the nature of injury caused by petitioner No. 1 , his prayer for pre - arrest bail is rejected.

7. Considering the aforesaid facts, nature of injury caused by petitioner No. 2 and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner No. 2 as named above , 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 the learned Chief Judicial Magistrate Saharsa in connection with Bakhtiyarpur P.S. Case No. 701 of 2023 , subject to the conditions laid down under section 438(2) of the Code of

Patna High Court CR. MISC. No.16610 of 2025(2) dt.16-04-2025 3/3 Criminal Procedure .

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