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Patna High CourtCR. MISC./19404/2025partly allowed disposal

Teja Gaddi v. The State Of Bihar

2025-04-16Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19404 of 2025 Arising Out of PS. Case No.-140 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Teja Gaddi S/O Gappu Gaddi Resident of Village- Mohania, Ward No. 9, P.S.- Mohania, District- Kaimur at Bhabua.

2.

Bakku Gaddi @ Bhaku Gaddi S/O Gappu Gaddi Resident of VillageMohania, Ward No. 9, P.S.- Mohania, District- Kaimur at Bhabua. 3.

Teni Gaddi S/O Gappu Gaddi Resident of Village- Mohania, Ward No. 9, P.S.- Mohania, District- Kaimur at Bhabua.

4.

Raja Gaddi @ Raza Gaddi S/O Kurshid Gaddi Resident of VillageMohania, Ward No. 9, P.S.- Mohania, District- Kaimur at Bhabua. 5.

Imran Gaddi S/O Kashim Gaddi Resident of Village- Mohania, Ward No. 9, P.S.- Mohania, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Mohania P.S. Case No. 140 of 2021, registered on 13.04.2021, for the offences punishable under Sections 341, 323, 324, 354(B), 504 and 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons, including the present petitioners, alleging that they attempted to outrage the modesty of the

Patna High Court CR. MISC. No.19404 of 2025(2) dt.16-04-2025 2/3 informant's sister and his uncle's daughter. It is further alleged that thereafter, all the accused persons assaulted the informant and his brother with a sword.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that the present case has been lodged by the informant merely with a view to save the skin from Complaint Case No. 416 of 2021, which has been filed by the petitioners' side. It is further submitted that there are no specific allegations against petitioner nos. 2, 4, and 5. Counsel also submits that the petitioners have clean criminal antecedents.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there are specific allegations against petitioner nos. 1 and 3, stating that they attacked the informant and his brother with a sword and iron rod due to which they sustained injuries.

6. In the present facts and circumstances, let the petitioner No. 2, namely, Bakku Gaddi @ Bhaku Gaddi, petitioner No. 4, namely, Raja Gaddi @ Raza Gaddi, and petitioner No. 5, namely, Imran Gaddi, be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing

Patna High Court CR. MISC. No.19404 of 2025(2) dt.16-04-2025 3/3 bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Mohania, Kaimur at Bhabua, in connection with Mohania P.S. Case No. 140 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. So far as the bail applications of the petitioner No. 1, namely, Teja Gaddi, and the petitioner No. 3, namely, Teni Gaddi are concerned, this Court is not inclined to grant anticipatory bail to them, accordingly, their bail applications are hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T