Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29549 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== Pramod Yadav Son of Maksudan Yadav Resident of village - Salaha, Police Station - Baheri, District - Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Baheri P.S. Case No. 214 of 2023 dated 20.06.2023, instituted for the offence punishable under Sections 341, 323, 354(B), 379, 504/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the date of occurrence when the informant went to her mango orchard to pick mangoes then one Pramod Yadav (petitioner) caught hold her forcefully and tried to outrage her modesty. Upon protest, the said petitioner assaulted her by means of torch on her head. She further alleged that when she was going to register a case against the petitioner and other accused persons, they came and
Patna High Court CR. MISC. No.29549 of 2024(2) dt.15-05-2024 2/3 assaulted her and also snatched her gold chain.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the date of lodging of F.I.R. is 20.06.2023 and date of occurrence mentioned in the F.I.R. is 28.05.2023 i.e. after lapse of 23 days. It is submitted that the informant filed this present case to save herself from Baheri P.S. Case No. 201 of 2023 lodged on 31.05.2023 against the informant and other family members. It is submitted that there is a land dispute between the parties and both the parties are agnates. It is submitted that so far the injury received by the informant is concerned, it was a result of scuffle that has taken place as stated in Baheri P.S. Case No. 201 of 2023, when the wife of the present petitioner tried to protect herself, the informant fell down and recieved some minor injury. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for 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 in connection with Baheri P.S. Case No. 214 of 2023, he shall be released on
Patna High Court CR. MISC. No.29549 of 2024(2) dt.15-05-2024 3/3 anticipatory 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 A.C.J.M.-VII, Darbhanga, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T