Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39419 of 2023 Arising Out of PS. Case No.-416 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== JITENDRA YADAV Son of Prahlad Yadav Resident of village - Dhanauja, P.S. - Phulparas, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

For the Informant :

Mr. Jitendra Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 354, 307, 379, 504/34 of the Indian Penal Code.

3. As per the F.I.R., on 12.08.2020 when the informant was coming with his family from Krishna Ashtwi Festival, all the accused persons including this petitioner abused and assaulted them and molested his wife and daughter. It is further alleged that this petitioner assaulted wife and daughter of the informant by means of iron rod.

4. Learned counsel for the petitioner submits that no occurrence as alleged in the F.I.R. has ever taken place and

Patna High Court CR. MISC. No.39419 of 2023(3) dt.01-07-2024 2/2 entire prosecution case is false and concocted. As per F.I.R., the occurrence is alleged to have taken place on 12.08.2020 and F.I.R. has been lodged on 23.08.2020 i.e. after inordinate delay of 11 days. Police after investigation submitted final form against the petitioner and during investigation, allegation against the petitioner was found false but differing with the same, court below has taken cognizance.

5. Learned counsel for the informant vehemently opposed the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in connection with Phulparas P. S. Case No. 416 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T