Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24028 of 2022 Arising Out of PS. Case No.-398 Year-2019 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1.

MAHENDRA YADAV S/o Late Nonu Yadav Resident of Village- Rampur, Bara, P.S.- Pali, Districct- Jehanabad.

2.

Radhe Yadav S/o Late Nonu Yadav Resident of Village- Rampur, Bara, P.S.- Pali, Districct- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumar D/o Ravindra Yadav Vill- Rampur Bara, P.S.- Pali, DistrictJehanabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-10-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 504 and 354 of the Indian Penal Code including Section 8 of the POCSO Act, registered in connection with Complaint Case No. 398 of 2019/POCSO Case No. 43 of 2019.

Patna High Court CR. MISC. No.24028 of 2022(2) dt.12-10-2022 2/3 As per allegation, when the complainant was returning to her house along with her mother, the petitioners outraged her modesty and the petitioner Radhe Yadav assaulted her with iron rod. The accused persons also took away the ornaments from her house.

The learned counsel for the petitioners has submitted that the petitioners have falsely been implicated. The daughter of petitioner no.2 had lodged a case against the prosecution side one month prior to the present case. As a matter of fact, the accused persons of that case had outraged the modesty of the daughter of petitioner no.2 and the present case is a counterblast of that case.

Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, 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 Addl. Sessions JudgeVI-cum-Special Court POCSO, Jehanabad in connection with Complaint Case No. 398 of 2019/POCSO Case No. 43 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court CR. MISC. No.24028 of 2022(2) dt.12-10-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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