Upendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32905 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.
Upendra Yadav, Son of Yogendra Yadav, Resident of Village - Shital Bardaha, P.S.- Kuchaikote, District - Gopalganj. 2.
Yogendra Yadav, Son of Late Yamuna Yadav, Resident of Village - Shital Bardaha, P.S.- Kuchaikote, District - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Pandey For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kuchaikote P.S. Case No. 72 of 2019, registered under Sections 341, 323, 324, 354, 307 and 504/34 of the Indian Penal Code. The accusation is that Ghana Kumari, daughter of the informant, Sharda Devi, had gone to orchard on 02.03.2019 at about 10 A.M. At that time, Upendra Yadav (petitioner no. 1) came there and caught hold her hand and tried to outrage her modesty. When her daughter raised alarm then Upendra Yadav (petitioner no. 1) tried to press her neck. Thereafter, informant came at the house of Upendra Yadav (petitioner no. 1) and made protest then Upendra Yadav (petitioner no. 1) along with his father petitioner no. 2, his wife and
Patna High Court CR. MISC. No.32905 of 2019(2) dt.20-05-2019 2/2 mother, Sunita Devi and Rukmani Devi started to abuse and assault her. At that time, Upendra Yadav (petitioner no. 1) gave Dabia blow causing injury at her head and nose whereas Sunita Devi, wife of petitioner no.1, snatched her gold chain from her neck. Learned counsel for the petitioners submits that both petitioners are cousin brother-in-law and cousin father-in-law of the informant and due to land dispute the present case has been lodged with false allegation. Moreover, the injury, as found on the person of the informant, is simple in nature.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned A.C.J.M.-VII, Gopalganj, in connection with Kuchaikote P.S. Case No. 72 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T