Darogi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51473 of 2019 Arising Out of PS. Case No.-996 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== 1.

DAROGI YADAV Son of Amrit Yadav Resident of Village-Ketariwak, P.S.- Khaira, District-Jamui.

2.

Jogi Yadav Son of Kaleshwar Yadav Resident of Village-Khutwatanr P.S.- Khaira, District-Jamui.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sudama Devi Wife of Shambhu Yadav Resident of Village-Kurwatanr, P.S.- Khaira, District-Jamui.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 996C/2017, disclosing the offence under Sections 354 and 323 of the Indian Penal Code. It is alleged against petitioner no. 1 that he had entered into the house of the complainant and had attempted to outrage her modesty. Allegedly thereafter, the complainant went to petitioner no. 2 to complain against petitioner no.2, who was the next door neighbour of the complainant. Petitioner no. 1 is said to be brother-in-law(bahnoi) of petitioner no. 2. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.51473 of 2019(2) dt.19-08-2019 2/2 petitioners has submitted that evidently petitioner no. 2 and the complainant are next door neighbours. He has drawn my attention to the deposition of the complainant in course of enquiry before the court below and has submitted that there is lot of inconsistency between her statement in the complaint petition and that in the deposition in course of enquiry. Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned CJM, Jamui in Complaint Case No.

996C/2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled.