Subelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27041 of 2024 Arising Out of PS. Case No.-552 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== Subelal Yadav, S/o Late Chandrika Yadav, Resident of Village- Dharpur (Daharpur) P.S. Ghosi, District -Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Devi W/o Late Bimal Yadav R/o vill - Daharpur, P.s. - Ghoshi, Distt. - Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ghosi P.S. Case No. 552 of 2023, instituted under Sections 341, 323, 504, 509/34 of the Indian Penal Code and Section 8 of POCSO Act.

3. As per the prosecution case, petitioner entered into the house of the informant and started abusing and assaulting the informant due to tying of buffalo. It is also alleged that the petitioner used to misbehave with the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.27041 of 2024(2) dt.01-05-2024 2/2 case. Informant is own Bhabhi of the petitioner. The altercation took place between the informant and the petitioner with respect to buffalo of the informant who destroyed the vegetable crops of the field of petitioner. There is case and counter case between the parties. Allegation of misbehaving of the petitioner with her own niece is nothing but after thought to implicate him in this case. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Ghosi P.S. Case No. 552 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T