Sattan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36542 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- BAUNSI District- Banka ====================================================== 1.

Sattan Yadav Son Of Musafir Yadav R/O- Vill-Ghuthia, P.S.- Baunsi, Dist.- Banka.

2.

Ranjan Yadav Son Of Sattan Yadav R/O- Vill-Ghuthia, P.S.- Baunsi, Dist.- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard both sides.

The petitioners apprehend their arrest in connection with Bounsi P.S. Case No.50 of 2022, registered for the offences punishable under Sections 341, 323, 307, 504, 325, 354(b) and 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 11.12.2021, while the informant was standing at the door of her house, petitioner no.2 threw a piece of brick on the head of the informant due to which the informant sustained bleeding injury on her head and fell down on the ground becoming unconscious. It is further alleged that when the Gotni of the informant, namely, Kunti Devi came to save the informant, she too was assaulted by the accused persons. It is also alleged that during

Patna High Court CR. MISC. No.36542 of 2022(2) dt.29-09-2022 2/3 the assault, petitioner no.1 disrobed Kunti Devi and molested her.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got one criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the occurrence took place on 11.12.2021, but the complaint was filed on 12.01.2022 after delay of one month without giving any explanation which creates a serious doubt on the veracity of the prosecution case. It is also submitted that the injuries sustained by the injured persons are simple in nature and there is admitted land dispute between the parties.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S.

Patna High Court CR. MISC. No.36542 of 2022(2) dt.29-09-2022 3/3 Case No.50 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T