Harilal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21523 of 2025 Arising Out of PS. Case No.-363 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

Harilal Yadav Son of Late Sato Yadav Residents of Village - Chatgaon, Ward No.12, P.S. - Triveniganj, District - Supaul 2.

Poonam Devi @ Puna Devi Wife of Bijali Yadav Residents of Village - Chatgaon, Ward No.12, P.S. - Triveniganj, District - Supaul 3.

Bijendra Yadav @ Bijali Yadav Son of Late Sato Yadav Residents of Village - Chatgaon, Ward No.12, P.S. - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nilam Devi Wife of Rajendra Yadav Residents of Village - Chatganw, Ward No.12, P.S. - Triveniganj, District - Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Jha For the State :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-11-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Triveniganj P.S. Case No. 363 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 352, 64(1), 3(5) of the BNS, 2023.

3. As per allegation, co-accused Shankar Kumar committed rape upon the victim. When informant reached the house of coaccused Shankar Kumar to enquire about her daughter (victim), petitioners along with other co-accused persons abused and assaulted the informant with fists and slaps.

Patna High Court CR. MISC. No.21523 of 2025(4) dt.04-11-2025 2/2

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case merely because they are family members of the co-accused Shankar Kumar against whom there is allegation of committing rape upon the victim. They are persons of clean antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

6. Petitioners are the family members of the main accused Shankar Kumar against whom there is allegation of commission of rape.

7. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned 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 learned District and Additional Sessions JudgeVI-cum-Special Judge POCSO Court, Supaul in connection with Triveniganj P.S. Case No. 363 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C./ 482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J) priyanka/- U T