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Patna High CourtCR. MISC./25710/2024rejected

Bikarma Yadav v. The State Of Bihar

2024-05-09Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25710 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== 1.

Bikarma Yadav S/O Late Suresh Yadav 2.

Prabhu Yadav @ Prabhunath Yadav S/O Late Suresh Yadav. Both are R/O Vill. - Harpur, P.S - Raghunathpur, Distt. - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2024 Heard Mr.Ajay Kumar Tiwary, learned counsel for the petitioner and Mr.Zainul Abedin, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Raghunathpur P.S.Case No.227 of 2023, FIR dated 23.09.2023 registered for the offences punishable under Sections 341,323,324,325,326,307,379,504,506/34 of IPC.

3. Allegation against petitioner No.1, namely, Bikarma Yadav, is that he assaulted to Anjali Kumari by means of iron rod, who is daughter of the informant, causing injury on her head and allegation against petitioner No.2, namely, Prabhu Yadav @ Prabhunath Yadav is that he started doing obscene acts by climbing on the chest of Anjali Kumari.

Patna High Court CR. MISC. No.25710 of 2024(2) dt.09-05-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. Petitioner is not named in the FIR. There is case and counter case. As per FIR, allegation against petitioner No.1, namely, Bikarma Yadav, is that he assaulted to Anjali Kumari by means of Khanti, who is daughter of the informant, causing injury on her head and allegation against petitioner No.2, namely, Prabhu Yadav @ Prabhunath Yadav is that he assaulted to the brotherin-law of the informant by means of iron rod and apart from that, there is also allegation against petitioner No.2, namely, Prabhu Yadav @ Prabhunath Yadav that he molested the daughter (Anjali Kumari) of the informant and both the parties have compromised the case.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts that the allegation against the petitioners is serious in nature and injury report of Anjali Kumari suggests that the injury is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Raghunathpur P.S.Case No.227 of 2023 pending in the court of learned J.M.-1st Class, Siwan.

Patna High Court CR. MISC. No.25710 of 2024(2) dt.09-05-2024 3/3

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T