Sanjay Kumar @ Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60486 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== 1.

SANJAY KUMAR @ SANJAY KUMAR YADAV Son of Shri Ram Vilash Yadav Resident of village - Fokchaha, Post - Sundar Virajit, P.S. - Madhepur, Distt. - Madhubani 2.

Vijay Kumar Yadav Son of Shri Ram Vilash Yadav Resident of village - Fokchaha, Post - Sundar Virajit, P.S. - Madhepur, Distt. - Madhubani 3.

Ram Vilash Yadav @ Ram Bilash Yadav Son of Late Kanak Lal Yadav Resident of village - Fokchaha, Post - Sundar Virajit, P.S. - Madhepur, Distt. - Madhubani 4.

Babita Kumari @ Babita Devi Wife of Shri Sanjay Kumar @ Sanjay Kumar Yadav Resident of village - Fokchaha, Post - Sundar Virajit, P.S. - Madhepur, Distt. - Madhubani 5.

Kiran Devi Wife of Shri Vijay Kumar Yadav Resident of village - Fokchaha, Post - Sundar Virajit, P.S. - Madhepur, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 354 (B), 341, 323, 504 and 506/34 of the Indian Penal Code.

3. As prosecution case, the allegation against the petitioners and other co-accused persons are that they entered into the house of the informant and assaulted her and family members by means of lathi and farsa. The specific allegation of outraging the modesty on petitioner nos. 1 and 2.

Patna High Court CR. MISC. No.60486 of 2023(2) dt.13-10-2023 2/2

4. It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Petitioners have no criminal antecedent as mentioned in Para 3 of the application. There is no medical examination conducted by the prosecutrix and statement of the victim was also not recorded under Section 164 Cr.P.C. No person was involved in the present case. The informant and petitioners are family members.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Madhepur P.S. Case No. 55/2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T