Janak Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46893 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== 1.
Janak Yadav S/O - Late Lila Yadav Resident Of Village - Aropur, TolaTadwa, P.S.- Tankuppa, District - Gaya. 2.
Ajay Yadav @ Hira Yadav S/O- Janak Yadav Resident Of Village - Aropur, Tola- Tadwa, P.S.- Tankuppa, District - Gaya. 3.
Punam Devi W/O- Ajay Yadav Resident Of Village - Aropur, Tola- Tadwa, P.S.- Tankuppa, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arya Achint For the Opposite Party/s :
Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 At the outset, It is submitted by learned counsel for the petitioners that he seeks permission to withdraw this application against petitioner nos. 1 & 2 namely, Janak Yadav & Ajay Yadav respectively.
Permission is accorded.
This application is dismissed as withdrawn against petitioner nos. 1 & 2 namely, Janak Yadav & Ajay Yadav respectively.
So far as petitioner no.3 namely, Punam Devi is concerned, the instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection
Patna High Court CR. MISC. No.46893 of 2022(2) dt.14-12-2022 2/3 with Tankuppa P.S. Case no. 19 of 2022 instituted for the offence under Sections 307, 323, 338, 379, 504, 506, 34 of the Indian Penal Code.
As per allegation in the FIR, while the petitioner along with co-accused were watering their field through the submersible motor pump by untying the hand pump, on seeing the watering of filed from common hand pump of the village, the husband of the informant started to object due to which they started assaulting him by means of Khanti. It is further alleged that they also assaulted him by throwing bricks and stones due tow which they sustained injuries.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that there was a scuffle made between the petitioner and the informant due to which the petitioner has falsely been implicated in this case. There is no allegation of specific overtact against the petitioner. General and omnibus allegation leveled against this petitioner.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this
Patna High Court CR. MISC. No.46893 of 2022(2) dt.14-12-2022 3/3 Court is inclined to enlarge the petitioner no.3 namely, Punam Devi on bail. The petitioner no.3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tankuppa P.S. Case no. 19 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) nirajkrs/- U T