Baidaynath Yadav @ Baidhnath Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32300 of 2022 Arising Out of PS. Case No.-224 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== 1.

BAIDAYNATH YADAV @ BAIDHNATH MANDAL S/o Sita Ram Yadav Resident of Village- Hariswara, P.S.- Khajauli, District- Madhubani 2.

Santosh Yadav @ Santosh Kumar Yadav S/o Sita Ram Yadav Resident of Village- Hariswara, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 324, 354(B), 379, 504, 506, 34 of the Indian Penal Code and Section 12 of the POCSO Act.

As per F.I.R., petitioner no. 1 assaulted with farsa on the hand of uncle of victim (informant), whereas, petitioner no. 2 assaulted him (uncle of informant) with iron rod on his back. It is submitted on behalf of petitioners that due to admitted land dispute between the parties, there are series of litigation between them. Injuries caused by petitioners are simple in nature. Specific accusation of commission of sexual assault is against co-accused Ganesh Yadav.

Patna High Court CR. MISC. No.32300 of 2022(2) dt.10-10-2022 2/2 Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, 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 bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI cum Special Judge (POCSO), Madhubani in connection with Khajauli P.S. Case No. 224 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T