Ram Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64186 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- CHHAURADANO District- East Champaran ====================================================== Ram Babu Yadav S/o Late Ishari Rai @ Late Isari Rai R/o village- Kat Kenwa, P.S.- Mahuawa (Chhauradano), District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2022 Heard learned counsel for the petitioner and Shri Madhura Nand Jha, learned A.P.P. for the State through virtual court proceedings.

The present case has been taken out of turn based on mentioning made by learned counsel for the petitioner that daughter of the petitioner is getting married on 15.01.2022 and in support of which, marriage card has been annexed. The petitioner seeks bail in connection with Chhauradano (Mahuawa) P.S. Case No. 219 of 2020 instituted for the offences under Sections 323, 341, 324, 325, 379, 307, 504, 506 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.08.2021, is a person with clean

Patna High Court CR. MISC. No.64186 of 2021(2) dt.11-01-2022 2/3 antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that informant alleges that his daughter on 25.08.2020 had gone to the cattle shed the accused persons including the petitioner surrounded her and abused her and threatened to kill when the victim tried to flee away, but accused persons forcibly grabbed her and Abhishek Kumar snatched the golden chain from her neck, Payal and Usha assaulted her sitting on her chest and on orders of Gulshan, this petitioner assaulted by gandasa on head causing injury.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated and the injury on the victim has been found to be simple as is evident from Annexure4 series. Further, Gulshan and Payal also received injury. Thus the petitioner submits that there was a fight between the side of the informant and petitioner's side in which several people were injured.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 10.08.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and petitioner also

Patna High Court CR. MISC. No.64186 of 2021(2) dt.11-01-2022 3/3 received injuries along with Gulshan and Payal as would be evident from Annexure-4 series, let the petitioner above named be released 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 J.M. First Class, Raxaul, East Champaran, Motihari in connection with Chhauradano (Mahuawa) P.S. Case No. 219 of 2020.

(Satyavrat Verma, J) Rishi/- U T