Ramashish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38194 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- MAHILA P.S. District- Siwan ====================================================== 1.

Ramashish Yadav, S/O Ramratan Chaudhary Resident Of Village- Hata Korara, P.S.- Mirganj, District- Gopalganj.

2.

Dharmendra Yadav, S/O Ramashish Yadav Resident Of Village- Hata Korara, P.S.- Mirganj, District- Gopalganj.

3.

Rakesh Yadav, S/O Kishun Yadav Resident Of Village- Pipra Khas, P.S.- Mirganj, District- Gopalganj.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary- Advocate For the Opposite Party/s :

Mr. Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 354(B), 120(B) and 34 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 26.12.2021 at 4.00 P.M. when she was in her house when accused persons including the petitioners came at her door and started looking for her husband. Further, petitioner no.1 ordered to pull the informant out, on which the

Patna High Court CR. MISC. No.38194 of 2022(2) dt.05-12-2022 2/3 petitioner no.2 pulled her sari, by which she fell on the ground and got disrobed and thereafter, petitioner no.3 started pulling her blouse, on which she raised alarm and when her husband and mother-in-law came, the accused persons fled. It is also alleged that earlier also, the accused persons including the petitioners have indulged in such an act.

The learned counsel for the petitioners submits that petitioners have falsely implicated in the present case. It is next submitted that petitioners and the informant are related and they belong to the same family and they have land dispute as would be evident from the pleadings made at Paras-6 and 10 of the anticipatory bail application. It is next submitted that the allegation also does not inspire confidence as the F.I.R. does not even remotely suggest that any one in the vicinity had witnessed such an occurrence.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.38194 of 2022(2) dt.05-12-2022 3/3 amount each to the satisfaction of the learned Court below where the case is pending in connection with Mahila P. S. Case No.07 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T