Banti Yadav @ Amarnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64353 of 2023 Arising Out of PS. Case No.-270 Year-2023 Thana- MASAUDHI District- Patna ====================================================== 1.

Banti Yadav @ Amarnath Kumar S/O Sidhnath Yadav @ Pakauri Yadav R/O Mohalla- Purani Bazar Masaurhi, P.S- Masaurhi, Distt.- Patna. 2.

Lalmani Devi @ Lalmuni Devi W/O Sidhnath Yadav @ Pakauri Yadav R/O Mohalla- Purani Bazar Masaurhi, P.S- Masaurhi, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Masaurhi P.S. Case No. 270 of 2023 instituted under Sections 341, 323, 307, 354(B), 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioners assaulted the informant with iron rod causing head injury. It is further alleged that petitioner No. 1 has tried to outrage the modesty of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence and they have falsely been implicated in this case due to previous enmity. He further submits that five persons have been named in the

Patna High Court CR. MISC. No.64353 of 2023(2) dt.18-10-2023 2/2 F.I.R. including the petitioners. Petitioner No. 1 is son of the Petitioner No. 2 and informant is the Bhabhi of the petitioner No.2 and there is no specific allegation against her. The injury on the forehead of informant is lacerated wound of size 1" x 1/8". The police has already submitted the charge-sheet against other co-accused persons. Petitioners have two criminal antecedents in which they are on bail.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M. Masaurhi at Patna in connection with Masaurhi P.S. Case No. 270 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) ashutosh/- U T