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Patna High CourtCR. MISC./39675/2020allowed

Golden Yadav @ Golden Kumar Yadav v. The State Of Bihar

2021-03-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39675 of 2020 Arising Out of PS. Case No.-203 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== Golden Yadav @ Golden Kumar Yadav, Male, aged about 30 years, Son of Brij Nandan Yadav, Resident of Village- Nauranga, P.S.- Muffassil, DistrictGaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Gaya Mufassil P.S. Case No. 203 of 2020 registered for the offences punishable under Sections 341, 323, 504, 506, 447, 307, 354, 379/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., prosecution case in brief is that informant Meena Devi has stated in the written report that on 06.06.2020 at about 5:00 P.M., she was at her house. In the meantime, the petitioner along with other co-accused persons abused, then she came out of her house, then saw that the accused petitioner was armed with sword and country-made

Patna High Court CR. MISC. No.39675 of 2020(3) dt.10-03-2021 2/3 pistol and on objection, he gave sword blow on her head, as a result of which she fell down on the earth. On hulla, her son came for rescue, then accused persons also assaulted him with sword and Butt of pistol as a result of which he fell down. Thereafter, his wife came for rescue, then accused petitioner tried to outrage the modesty of informant and her daughter-inlaw (Bahoo) and snatched their golden chain and dragged them on the earth. On Hulla, villagers came, then accused persons fled away.

Learned counsel for the petitioner submits that the petitioner and the informant are uncle and nephew respectively mentioned in paragarph-6 of the bail petition. The petitioner is alleged to have given sword blow on the head of the informant. He is also alleged to have outraged modesty of the informant and her daughter-in-law and snatched away chain. The petitioner is in jail custody since 09.06.2020 and petitioner has three criminal antecedent mentioned in paragraph-3 of the bail petition.

Learned counsel for the informant submits that the independent witness has supported the prosecution case and the petitioner has threatened to kill the informant after releasing from the jail custody.

Patna High Court CR. MISC. No.39675 of 2020(3) dt.10-03-2021 3/3 Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Gaya in connection with Gaya Muffasil P.S. Case No. 203 of 2020. (Anjani Kumar Sharan, J) Nasimul/- U T