Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16014 of 2020 Arising Out of PS. Case No.-10 Year-2020 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== 1.

NANDU YADAV S/o Late Shivpujan Yadav Resident of Village- Taraitha, P.S.- Ramgarh, Distt- Kaimur at Bhabua.

2.

Anil Yadav @ Makhanchu Yadav @ Makhanchu S/o Jagdish Yadav Resident of Village- Taraitha, P.S.- Ramgarh, Distt- Kaimur at Bhabua. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Parwej Khan, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2020 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offences punishable under Section 323 and other allied sections of the Indian Penal Code as well as section 11 of the POCSO Act.

Prosecution's case in short is that at about 2.30 AM accused Aman Kumar entered into the room of the informant and tried to outrage her modesty. Said Aman Kumar was caught with the help of her mother. Meanwhile, petitioners and other accused persons came there, assaulted informant's father and took away Aman Kumar with them.

Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case due to previous enmity and dirty village politics. He submits that in fact informant side came to the petitioners' house at 4 AM and made false allegation against Aman Kumar. They also assaulted the petitioners by sharp cutting weapon for which Ramgarh Police Station Case No. 9/2020 was lodged by petitioner no.1. The present case is counter blast of Ramgarh Police Station Case No. 9/2020. There is nothing against these petitioners even in the statement of victim recorded under section 164 of the Cr.P.C. Petitioners have got no criminal antecedent.

Patna High Court CR. MISC. No.16014 of 2020(2) dt.15-07-2020 2/2 Considering the facts of the case, let the petitioners named above, in the event of surrender before the Court below 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 the Additional Sessions Judge I, Kaimur at Bhabua in Ramgarh Police Station Case No. 10/2020, subject to the conditions laid down under sections 438 of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T