Yogi Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22476 of 2023 Arising Out of PS. Case No.-286 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== 1.
YOGI THAKUR SON OF LATE ASHRFI THAKUR RESIDENT OF VILLAGE - SISWA SOB, P.S. - KALYANPUR, DISTT. - EAST CHAMPARAN 2.
RAMBHA DEVI WIFE OF YOGI THAKUR RESIDENT OF VILLAGE - SISWA SOB, P.S. - KALYANPUR, DISTT. - EAST CHAMPARAN 3.
SONI DEVI WIFE OF SURENDRA THAKUR RESIDENT OF VILLAGE - SISWA SOB, P.S. - KALYANPUR, DISTT. - EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that the petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of one case and petitioner no. 3 is a person with clean antecedent and petitioner nos. 2
Patna High Court CR. MISC. No.22476 of 2023(3) dt.09-08-2023 2/3 and 3 are women.
4. The informant alleges that Rakesh assaulted him with an iron rod and also assaulted his wife by an iron rod causing injury on her head, thereafter, Amit dashed his wife on the ground and Surendra assaulted her by brick causing injury near ear, thereafter, Kishundeo assaulted his daughter by Murwari and other accused also assaulted as detailed in the FIR.
5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation of committing any overt act has been alleged against the petitioners and specific allegation of assault is against the named accused persons.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today,
Patna High Court CR. MISC. No.22476 of 2023(3) dt.09-08-2023 3/3 be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kalyanpur P.S. Case No. 286 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T