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Patna High CourtCR. MISC./28574/2024allowed

Awadhesh Yadav v. The State Of Bihar

2024-05-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28574 of 2024 Arising Out of PS. Case No.-655 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Awadhesh Yadav, S/o Late Sitaram Yadav @ Dharmeshwari Yadav, Resident of Village Loam, P.S. - Sadar, Distt. - Darbhanga 2.

Jaldhari Yadav @ Dhanushdhari Yadav, S/o Late Sitaram Yadav @ Dharmeshwari Yadav, Resident of Village Loam, P.S. - Sadar, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sadar P.S. Case No. 655 of 2023, instituted under Sections 448, 341, 354(B), 323, 506/34 of the Indian Penal Code.

3. As per the prosecution case, co-accused Umesh Yadav entered into the room of the informant and misbehaved with her. On the next day, when husband of the informant went to his house, petitioners and co-accused Umesh Yadav who are own brothers assaulted the informant and her husband with fists, slaps and danda.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.28574 of 2024(2) dt.15-05-2024 2/2 petitioners are innocent and have falsely been implicated in this due to village politics. The occurrence took place between the parties with respect to demand of advance amount given by the co-accused, Umesh Yadav to the husband of the informant. Injury on the husband of the informant is simple in nature. Petitioners have no criminal antecedents. They undertake to cooperate in the investigation.

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 petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Sadar P.S. Case No. 655 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