Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55226 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- SIKANDRA District- Jamui ====================================================== 1.

RAJU YADAV Son of Musharu Yadav, Resident of Village- Sarsa, P.S.- Sikandra, District- Jamui.

2.

Bharoshi Yadav Son of Musharu Yadav, Resident of Village- Sarsa, P.S.- Sikandra, District- Jamui.

3.

Rohit Yadav Son of Bharoshi Yadav, Resident of Village- Sarsa, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-09-2019 Heard both sides.

Petitioners apprehend their arrest in Sikandra P.S. Case No.169 of 2019 registered under Sections 147, 148, 149, 341, 323, 354B, 307 and 506 of the Indian Penal Code. The informant alleged that while she was going to ease out by the side of canal, Ashok Kumar Yadav forcibly lifted her in his lap and took her into a pit in order to outrage her modesty but she raised alarm and somehow managed to flee away. The victim disclosed this fact to her parents. On such, her parents went to the house of Ashok Kumar Yadav but his family members brutally assaulted the father of the victim and others.

Patna High Court CR. MISC. No.55226 of 2019(2) dt.04-09-2019 2/3 Learned counsel for the petitioners submits that there is a counter version being Sikandra P.S. Case No.170 of 2019. There appears that both sides entered into a scuffle and made assault on each other in which from the side of petitioners many persons became injured. The injuries are annexed as Annexure 4 series to this bail petition. There is no allegation of outraging her modesty against the petitioners.

Learned counsel for the State vehemently opposed the prayer for anticipatory bail of the petitioners, but it appears that the victim alleged that Ashok Kumar Yadav made attempt to outrage her modesty but when her father went to complain, the petitioners are alleged to have assaulted the father of the victim. There is a counter version as well in which from the side of the petitioners, many persons became injured.

Having considered the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 learned J.M. 1st Class, Jamui in connection with Sikandra P.S. Case No.169 of 2019, subject to the conditions as

Patna High Court CR. MISC. No.55226 of 2019(2) dt.04-09-2019 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T