Amarjeet Yadav @ Amarjeet Kumar Bharti @ Amarjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63398 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA PS District- Jehanabad ====================================================== Amarjeet Yadav @ Amarjeet Kumar Bharti @ Amarjeet Kumar Son of Ghamandi Yadav, Resident of Village-Kaji Chak Police Station Makhdumpur, Distt.-Jehanabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Soni Shrivastava For the Opposite Party/s :
Mr.Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,323,325,307,376 (g) and 452 of the IPC. The prosecution case, as per the written report of Sonaphi Devi submitted to the Station House Officer, Jehanabad Police Station, to the effect that on 28.04.2018 at 8.00 A.M., when the informant along with his family members was at her home, in the meantime, eight accused persons, including the petitioner, variously armed entered into the house. It is alleged that coaccused, Awadhesh Yadav and Ghamandi Yadav resorted to fire on the husband of the informant, but it did not hit him. Thereafter, on the order of co-accused Awadhesh Yadav, other accused persons assaulted the husband of the informant. When the informant came to rescue her husband, then co-accused,
Patna High Court Cr.Misc. No.63398 of 2018(4) dt.17-01-2019 2/3 Ghamandi Yadav, Ramesh Yadav and Awadhesh Yadav, nonpetitioner took her into kitchen and ravished her. It is also alleged that co-accused Ramesh Yadav assaulted with dagger on the abdomen of the husband of the informant, but it caused injury on his right hand. It is alleged against this petitioner that he assaulted the husband of the informant with an iron rod causing fracture injury on his leg.
It is submitted by learned counsel for the petitioner that the only accusation against the petitioner is that he assaulted with an iron rod on the leg of the husband of the information, but there is no injury report on record. Moreover, on conclusion of investigation, accusation under Section 376 of the I.P.C has not been found true, when three accused persons are alleged to have ravished the informant. Out of the three accused persons, coaccused Dhamandi Yadav has been granted bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 54751 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP after going through the case diary does not controvert the contention of learned counsel for the petitioner. Considering the accusation being not corroborated by medical opinion, coupled with the statement made in paragraph
Patna High Court Cr.Misc. No.63398 of 2018(4) dt.17-01-2019 3/3 no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Jehanabad, in connection with Jehanabad Mahila P.S. Case No. 20/2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T