Surendra Yadav @ Surendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26006 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== SURENDRA YADAV @ SURENDRA KUMAR YADAV Son of Late Jagrup Yadav Resident of Village - Pilakhawar, P.S. - Rajnagar, District - Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kumari Shubham, Advocate For the Opposite Party :
Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.
Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.
The petitioner is apprehending his arrest in a case registered under Sections-341, 504, 323, 325, 307, 354, 379/34 of the Indian Penal Code.
Prosecution case in short is that the accused persons including the petitioner having armed with deadly weapons came at the house of informant and started abusing. On protest, one Ashok Yadav gave farsa blow on the head of informant and Surendra Yadav tore her blouse and made her half naked. The informant was assaulted. While the informant's husband came to
Patna High Court CR. MISC. No.26006 of 2022(2) dt.14-11-2022 2/3 rescue her, he was also assaulted. Rs. 40,000/- cash is also said to have been taken away from informant's house in course of the occurrence.
It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section -307 of the Indian Penal Code is attracted in the present case. Prior to institution of the present case, a case was instituted by the accused side against the informant of the present case and others. The occurrence is said to have taken place for a petty reasons.
Learned counsel for the State submits that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances, let the petitioner named above, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Madhubani in connection with Rajnagar
Patna High Court CR. MISC. No.26006 of 2022(2) dt.14-11-2022 3/3 P.S. Case No. 353 of 2021 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T