Bhikhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58204 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Bhikhari Yadav S/O Esani Yadav R/O Village- Raghunathpur Uttar, Ward No. 13, P.S- Bhargama, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 458 of the Indian Penal Code.

3. On the alleged date and time of occurrence, while the informant was sleeping with her daughter, this petitioner entered in the house of informant and touched her with bad intention, however on alarm raised by informant, the petitioner fled away from there.

4. Learned counsel for the petitioner submits that petitioner happens to be co-villager and neighbour of informant and both were on inimical term due to panchayat election, as both sides were supporters of rival candidates. Learned counsel further submits that prior to the alleged occurrence, informant and her husband assaulted the petitioner resulting in head injury,

Patna High Court CR. MISC. No.58204 of 2024(2) dt.18-09-2024 2/2 for which, Bhargama P.S. Case No. 06 of 2024 was lodged, and only with a view to put pressure, this false and concocted case has been lodged against petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Araria in connection with Bhargama P.S. Case No. 08 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T