Ram Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51787 of 2023 Arising Out of PS. Case No.-54 Year-2013 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== 1.

Ram Nath Yadav Late Prasad Yadav Resident Of Village- Basgaon Manjhariya, Ps- Bhairoganj, Distt- West Champaran 2.

Bhola Yadav Son Of Ram Nath Yadav Resident Of Village- Basgaon Manjhariya, Ps- Bhairoganj, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bikramdeo Singh Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioners and the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 376, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, co-accused Sunil Yadav committed rape with the informant and co-accused Akhilesh Chaudhary abused and assaulted the informant. When the husband of informant went to complain, both of them assaulted him. Petitioners are alleged to have assaulted the husband of informant with fist and slaps.

4. It is submitted that specific accusation of

Patna High Court CR. MISC. No.51787 of 2023(2) dt.21-08-2023 2/2 commission of rape is against Sunil Yadav and allegation of abuse and assault to the informant is against Akhilesh Chaudhary. These petitioners are only alleged to have assaulted the husband of informant with fist and slaps when he went to complain about the incident. Petitioners have been made accused in this case only because they are family members of main accused Sunil Yadav. Petitioners claim clean antecedents.

5. Considering the facts aforesaid, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bagaha, West Champaran in connection with Mahila (Bagaha) P.S. Case No. 54 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T