Abhay Kumar @ Abhay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31516 of 2022 Arising Out of PS. Case No.-248 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Abhay Kumar @ Abhay Yadav S/O Sri Shiva Yadav Resident Of VillageJaitipur, Bara, P.S.- Kako In The District Of Jehanabad. 2.

Pramila Kumari @ Pramila Devi @ Pravila Devi W/O Abhay Kumar @ Abhay Yadav Resident Of Village- Jaitipur, Bara, P.S.- Kako In The District Of Jehanabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kr Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323/34 and other allied sections of the Indian Penal Code.

As per FIR, petitioners and other accused persons are alleged to have assaulted the informant and her family members. They disrobed the informant. Informant further alleged that next day at 3 am her cattle shed was set on fire in which some of her cattle sustained burn injuries.

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.31516 of 2022(2) dt.10-10-2022 2/2 implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioners. As a matter of fact, alleged fire incident might have been caused due to short circuit and taking advantage of the situation, petitioners have falsely been implicated in the case. Petitioners have got no criminal antecedent.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Jehanabad Police Station Case No. 248 of 2022, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T