Shiv Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46994 of 2021 Arising Out of PS. Case No.-111 Year-2020 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Shiv Shankar Yadav S/O Kuber Yadav R/O Village-Gamhariya, P.SPachrukhi, District-Siwan. 2.

Meghu Yadav @ Medhu Kumar Yadav S/O Awadhesh Yadav @ Awadhesh Choudhary R/O Village-Gamhariya, P.S- Pachrukhi, District-Siwan. 3.

Bijendra Kumar Yadav S/O Bhuwar Yadav R/O Village-Gamhariya, P.SPachrukhi, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishore Prasad, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Pachrukhi P.S. Case No. 111 of 2020 registered under Sections 147, 341, 323, 379, 354, 504, 506 of the Indian Penal Code and Section-67 of I.T. Act. Allegedly, in the backdrop of petty issue, the accused persons tore the cloth of the informant and after disrobing him, the accused persons made video clip of the informant and uploaded the video clip on whatsapp. Mangalsutra of informant's mother worth Rs. 25000/- is also said to have been taken away.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.46994 of 2021(2) dt.12-04-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. For oblique reasons, the present case has been instituted. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R. The nude video of the informant was made and the same was uploaded on whatsapp. From perusal of the order of learned court below, it appears that the said video was played before the court below. The allegation as levelled by the prosecution appears to be true.

Considering the nasty nature of accusation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, prayer for anticipatory bail of the petitioners is rejected. If the petitioners surrender in the court below and seek regular bail, the same shall be considered on its own merit without being prejudice by this order.

(Sudhir Singh, J) A.K.V.//- U T