Bikram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30069 of 2024 Arising Out of PS. Case No.-623 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Bikram Yadav Son of Late Musho Yadav @ Late Kusho Yadav Resident of Village- Awas Board, P.S.- Khagaria (Muffasil), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Khagaria (Muffasil) P.S. Case No. 623 of 2023 dated 19.06.2023 instituted for the offence punishable under Sections 341, 323, 379, 504, 307/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date of occurrence, the petitioner was throwing insects on the body of Informant's sister-in-law (Nanad), namely, Komal. On protest, the petitioner started abusing her and assaulted her with fists. Thereafter the petitioner called other accused persons armed with rifle and lathi, and they assaulted the family members of the informant. It is also alleged that the petitioner has snatched the gold ornaments of the informant worth Rs. 5000/-.

Patna High Court CR. MISC. No.30069 of 2024(2) dt.20-05-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that there is a case and counter case between the parties. There is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. Specific allegation is against the co-accused, namely, Kare Lal Yadav that he assaulted by means of butt of the rifle. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Khagaria (Muffasil) P.S. Case No. 623 of 2023, he will 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 the learned Chief Judicial Magistrate, Khagaria subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T