Mahabir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.195 of 2021 Arising Out of PS. Case No.-263 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== 1.

MAHABIR YADAV, Son of Narayan Yadav Resident of Village - Dudhghat, P.S.- Shahpur, Distt.- Bhojpur.

2.

BIKKI YADAV, Son of Upendra Yadav Resident of Village - Dudhghat, P.S.- Shahpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shambhu Sharan Singh For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-09-2021 Heard Mr. Shambhu Sharan Singh, learned advocate for the petitioners and Mr. Jai Narain Thakur, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Shahpur P. S. Case No. 263 of 2020, dated 20.08.2020, instituted for the offences under Sections 341, 323, 354(A), 504, 506 and 34 of

Patna High Court CR. MISC. No.195 of 2021(3) dt.06-09-2021 2/3 the Indian Penal Code and Section 8 of the POCSO Act, 2012.

Vide order dated 26.07.2021, case-diary was called for.

The petitioners are alleged to have misbehaved with the minor daughter of the informant.

The learned advocate for the petitioners has submitted that because of the village enmity and that also on account of caste polarization, this case has been lodged. Earlier also a case of similar nature had been lodged against the petitioners but in that case, final report false was submitted.

However, regard being had to the nature of accusation in the F.I.R., I am not inclined to grant anticipatory bail to the petitioners.

The prayer for anticipatory bail is rejected. However, if the petitioners surrender before the court below and seek bail, their application shall be considered on its own merits taking into account the

Patna High Court CR. MISC. No.195 of 2021(3) dt.06-09-2021 3/3 afore-noted facts and an order shall be passed, without being prejudiced by the fact that the present petition on their behalf has not been entertained by this Court. (Ashutosh Kumar, J) skm/- U T