Vishundeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43130 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- JHAJHA District- Jamui ====================================================== VISHUNDEO YADAV Son of Dinesh Yadav Resident of village- Baliyo, P.SJhajha, Dist- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Raj, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 448, 341, 323, 354, 379, 504, 427 and 34 of the IPC and u/s 3⁄4 of Prevention of Witch(Daain) Practices Act.

Allegedly, the accused persons named in F.I.R. including the petitioner started calling the informant witch and when she protested, all the accused persons started assaulting her with fist and slap. Petitioner tried to outrage her modesty by pulling her saree.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.43130 of 2022(2) dt.29-11-2022 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case with ulterior motives to harass the petitioner. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that a land dispute is going on between the both parties. The date of occurrence is 22.02.2022 however the FIR was registered on 26.02.2022 which shows a delay of 4 days in lodging the FIR without giving any reasonable explanation. The specific allegation against the petitioner is of outraging the modesty of the informant which is nothing but imagination of the evil mind with a sole intention to harass and humiliate the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail submitting that there is specific allegation against the petitioner of outraging the modesty of the informant.

Having regard to the facts and circumstances of the case, since there is a land dispute between the parties and there is delay in filing of FIR, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.43130 of 2022(2) dt.29-11-2022 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Jhajha P.S. Case No. 63 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T