Deep Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33059 of 2022 Arising Out of PS. Case No.-388 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

DEEP NARAYAN YADAV S/o Sanichar Yadav Resident of Village- Parsahi Ward No.-9, P.S.- Triveniganj, District- Supaul. 2.

Umesh Yadav s/o Sanichar Yadav Resident of Village- Parsahi Ward No.-9, P.S.- Triveniganj, District- Supaul.

3.

Raj Nandan Yadav @ Rajanand Yadav S/o Late Jagdish Yadav Resident of Village- Parsahi Ward No.-9, P.S.- Triveniganj, District- Supaul. 4.

Binod Yadav S/o Dhalay Yadav Resident of Village- Parsahi Ward No.-9, P.S.- Triveniganj, District- Supaul.

5.

Subhash Kumar @ Subhash Yadav S/o Umesh Yadav Resident of VillageParsahi Ward No.-9, P.S.- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Patla Kumari For the Opposite Party/s :

Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Section 379, 308 & other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner no. 1 is ordergiver, whereas petitioner no. 2 is alleged to have caught the neck of informant by means of Gamachha and petitioner no. 5 snatched Rs. 50,000/- from the pocket of victim Mahendra Yadav (informant's husband). So far as petitioner no. 3 & 4 are

Patna High Court CR. MISC. No.33059 of 2022(2) dt.11-10-2022 2/3 concerned, they are alleged to have assaulted the informant by fists and slaps and disrobed her.

It is submitted on behalf of petitioners that specific allegation of assault is against co-accused Mithilesh Yadav by means of sword. So far as these petitioners are concerned, there is no specific allegation of assault. Present case is counter blast of Triveniganj P.S. Case No. 287 of 2021, which was lodged by petitioners' side against husband of informant and others and only with a view to save the skin from aforesaid case, this false and concocted case has been lodged by the informant. There is no allegation of over act against any of the petitioners. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as clean antecedent of petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Supaul in connection with Triveniganj P.S. Case No. 388 of 2021, subject to condition as laid down under Section 438(2) of

Patna High Court CR. MISC. No.33059 of 2022(2) dt.11-10-2022 3/3 the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T