Diwakar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40103 of 2023 Arising Out of PS. Case No.-628 Year-2022 Thana- AMARPUR District- Banka ====================================================== 1.
DIWAKAR YADAV SON OF BHUPENDRA YADAV VILLAGE GHUTIYARA, P.S. AMARPUR FULLIDUMAR, DIST. BANKA 2.
HARIKISHORE YADAV SON OF BHUPENDRA YADAV VILLAGE GHUTIYARA, P.S. AMARPUR FULLIDUMAR, DIST. BANKA 3.
MUKESH YADAV @ MUKESH KUMAR YADAV SON OF SHYAM YADAV RESIDENT OF VILLAGE- GHUTHIYARA, PS- AMARPUR (FULLIDUMAR), DISTRICT- BANKA 4.
SATRANJAY KUMAR YADAV @ SATRANJAY YADAV SON OF SHYAM YADAV RESIDENT OF VILLAGE- GHUTHIYARA, PSAMARPUR (FULLIDUMAR), DISTRICT- BANKA 5.
REKHA DEVI WIFE OF GORELAL YADAV RESIDENT OF VILLAGEGHUTHIYARA, PS- AMARPUR (FULLIDUMAR), DISTRICT- BANKA 6.
RINKU DEVI WIFE OF SATRANJAY YADAV RESIDENT OF VILLAGE- GHUTHIYARA, PS- AMARPUR (FULLIDUMAR), DISTRICT- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 379, 504, 506 of the Indian Penal Code.
3. The informant alleges that the accused persons including the petitioners came and Diwakar assaulted by lathi
Patna High Court CR. MISC. No.40103 of 2023(2) dt.02-08-2023 2/3 causing injury on head and assaulted her brother-in-law causing injury on hand and legs and Satranjay snatched her golden chain.
4. Learned counsel for the petitioners submits that petitioner No. 1 to 4 have antecedent of one case and petitioner No. 5 and 6 are persons with clean antecedent and are women.
5. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the injury report of the injured, it would manifest that the informant has not received any injury on head though opinion with regard to the injury has been reserved which was found on her palm, it is next submitted that the injury on palm is not on the vital part of the body, it is further submitted that even allegation of assault is not specific though against Diwakar, it is alleged that he assaulted the informant on head causing injury but then there is no injury of the informant on head, it is next submitted that allegation of snatching of gold chain is ornamental.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.40103 of 2023(2) dt.02-08-2023 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Amarpur (Fullidumar) P.S. Case No. 628 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T