Rinki Yadav @ Chhuri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29923 of 2020 Arising Out of PS. Case No.-60 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== RINKI YADAV @ CHHURI YADAV, Son of Om Prasad Yadav, Resident of Village - Chhotaki Sandiya, Police Station - Arrah Muffasil, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-01-2021 Heard Mr. Abhoy Kumar Kashyap, learned Counsel for the petitioner and Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barahara (Krishna Garh) Police Station Case No. 60 of 2020, disclosing offences under Sections 341, 354, 506/34 of the Indian Penal Code.

The allegation against the petitioner, on the basis of the First Information Report is that daughter of the informant, aged about 16 years, was intercepted by the petitioner and other accused persons and all accused persons teased and used filthy language against his daughter. It has further been alleged that one co-accused, Shashikant Yadav, was apprehended by the

Patna High Court CR. MISC. No.29923 of 2020(3) dt.15-01-2021 2/3 villagers, and petitioner and other accused person fled away, after leaving Honda Shine motorcycle at the place of occurrence.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case merely on the basis of the fact that co-accused, Shashikant Yadav, who has been apprehended at the spot, is the member of the cricket team of the petitioner. Learned counsel referring to para 7 of the petition submits that motorcycle, which was recovered from the place of occurrence, does not belong to the petitioner. Learned counsel referring to supplementary affidavit submits that petitioner is a student and has passed 10th examination from CBSE, in support of which, the petitioner has annexed his marks sheet issued by the CBSE dated 06.05.2019. Learned counsel next submits that the petitioner has taken admission in I.Sc course in Al-Hafeez College, Ara.

Having regard to the submissions made on behalf of the parties and taking into consideration the materials and the fact that petitioner has got no criminal antecedent and is a student studying in I.Sc, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Patna High Court CR. MISC. No.29923 of 2020(3) dt.15-01-2021 3/3 Let the petitioner, Rinki Yadav @ Chhuri Yadav, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Barahara (Krishna Garh) Police Station Case No. 60 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T