Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49418 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== Ashok Yadav S/o Late Devendra Nath Yadav R/o village- Pilakhawar, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 51321 of 2022 Arising Out of PS. Case No.-353 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== Radhuveer Yadav @ Raghuveer Yadav Son Of Late Chanchal Yadav R/O Village- Pilakhawar, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 49418 of 2022) For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 51321 of 2022) For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in connection with Rajnagar P.S. Case No. 353 of 2021 instituted under sections 341, 504, 323, 325, 307, 354, 379/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.49418 of 2022(2) dt.09-01-2023 2/3 As per the prosecution story, the accused persons including the petitioners herein armed variously attacked the informant and her family members and the allegation against the petitioner no. 1 is of using 'Farsa' on the head of the informant. Further allegation against Surendera Yadav is of outraging her modesty. When the husband of the informant tried to save her, he was also assaulted by Surendera Yadav.
Learned counsel for the petitioners had taken this Court to the injury report of the informant to show that the same has been found to be simple in nature. Further submission is that without accepting the allegation, they are ready to pay Rs. 20,000/- as treatment cost through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned court to be handed over to the informant after checking the credential.
The learned APP on the other hand opposes the prayer for anticipatory bail.
Taking into account the aforesaid fact that the injury has been found to be simple and the petitioners are ready to cooperate during the course of investigation and would be available to the police as and when required, this Court is inclined to grant them relief subject to payment of Rs. 20,000/-
Patna High Court CR. MISC. No.49418 of 2022(2) dt.09-01-2023 3/3 as stated above.
Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.-1st, Madhubani, in connection with Rajnagar P.S. Case No. 353 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Ravi/Ajay Singh/- U T