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Patna High CourtCR. MISC./38429/2024partly allowed disposal

Manoj Yadav @ Dinesh Kumar Yadav v. The State Of Bihar

2024-05-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38429 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== 1.

Manoj Yadav @ Dinesh Kumar Yadav S/o Late Jagdish Yadav R/o village Darjiya , p.s Madhepur District Madhubani 2.

Renu Devi W/o Manoj Yadav @ Dinesh Kumar Yadav R/o village Darjiya , p.s Madhepur District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. At the outset, learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application with regard to petitioner no. 1, namely, Manoj Yadav @ Dinesh Kumar Yadav.

3. Permission is accorded.

4. Accordingly, this anticipatory bail application with regard to petitioner no. 1 stands dismissed as withdrawn.

5. The petitioner no. 2 is apprehending her arrest in connection with Madhepur P.S. Case No. 167 of 2023 instituted for the offences under Sections 143, 341, 447, 323, 324, 307,

Patna High Court CR. MISC. No.38429 of 2024(2) dt.17-05-2024 2/3 354B, 379, 504, 506 of the Indian Penal Code.

6. The allegation against the petitioner no. 2 along with others is of assaulting the informant and his family members due to which they sustained injury.

7. Learned counsel appearing on behalf of the petitioner no. 2 has submitted that she is innocent and has committed no offence. There is general and omnibus allegation against the petitioner and no specific allegation of assault to anyone is against her. No incriminating article has been recovered from the conscious possession of the petitioner no. 2. It is next submitted that the petitioner no. 2 has no criminal antecedent. There is pending land dispute between the parties. The statement made in the FIR does not corroborate with the injury report.

8. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner no. 2.

9. Considering the aforesaid facts and circumstances, let the petitioner no. 2, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court

Patna High Court CR. MISC. No.38429 of 2024(2) dt.17-05-2024 3/3 below/concerned Court in connection with Madhepur P.S. Case No. 167 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T