Rupesh Kumar @ Rupesh Yadav @ Rupesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39932 of 2020 Arising Out of PS. Case No.-191 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== RUPESH KUMAR @ RUPESH YADAV @ RUPESH KUMAR YADAV Son of Yoganand Yadav @ Joganand Yadav Resident of Manjhi Tola, P.S.- K. Nagar, Distt- Purnea.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Fazle Karim For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 24.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with K. Nagar P.S. Case no. 191 of 2020, registered under Sections 341, 323, 307, 354, 379, 504 and 506/34 of the Indian Penal Code.
The accusation is that in the evening of 16.06.2020, wife of informant Mayanand Yadav, after cleaning the door, was going to throw the garbage, at that time, five
Patna High Court CR. MISC. No.39932 of 2020(2) dt.19-07-2021 2/3 persons named in the F.I.R., including the petitioner, variously armed with weapons, came near the wife of informant and started to abuse. When wife of informant made protest then all become annoyed and Yoganand Yadav started to case assault to his wife. In the meantime, Rupresh Yadav (Petitioner) torn her sari. At that time, Yoganand Yadav came and gave Dabiya blow at the head of his wife in which she sustained grievous injury and others also started to cause assault. At that time, all entered in the house and took cash and ornaments from the box. At that time, Manisha Devi also snatched ornaments.
Learned counsel for the petitioner submits that while petitioner is named in the F.I.R., but no specific overt act has been attributed against the petitioner. The allegation of causing assault, through Dabiya to the wife of informant, is against Yoganand Yadav. Moreso, the injury as found on the person of wife of informant is simple in nature, which would appear from the order dated 10.09.2020 passed in ABP No. 555 of 2020 by which the prayer for pre-arrest bail of the petitioner was refused by learned Addl. Sessions Judge-III, Purnea. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the
Patna High Court CR. MISC. No.39932 of 2020(2) dt.19-07-2021 3/3 event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 191 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T