Nageshwar Yadav @ Nageshwar Choudhary And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ======================================================

1. Nageshwar Yadav @ Nageshwar Choudhary

2. Mankeshwar Yadav @ Mankeshwar Choudhary

3. Manoj Yadav All sons of Chandrika Yadav

4. Munna Yadav

5. Bullet Yadav @ Bullet Kumar Both sons of Manager Yadav All residents of Manikpur Navrang, P.S.- Gopalganj, DistrictGopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Gopalganj Mahila P.S. Case No.74 of 2015 registered under Sections 376/511, 354, 341, 323, 324, 448 and 379/34 of the Indian Penal Code.

Regard being had to the direct and specific allegation against petitioner no.1, namely, Nageshwar Yadav @ Nageshwar Choudhary being armed with lathi entered into the house of the informant and outraged her modesty and attempted to rape her, I

Patna High Court Cr.Misc. No.21 of 2016 (2) dt.11-01-2016 2/2 am not inclined to grant him pre-arrest bail. Accordingly, the prayer for grant of anticipatory bail of petitioner no.1, namely, Nageshwar Yadav @ Nageshwar Choudhary is rejected.

So far as other petitioners are concerned, regard being had to the fact that there is a general and omnibus allegation against them that they assaulted and threatened the family members of the informant, but it would appear from the impugned order that there is no injury report on record to corroborate the allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioners, namely, Mankeshwar Yadav @ Mankeshwar Choudhary, Manoj Yadav, Munna Yadav and Bullet Yadav @ Bullet Kumar are directed to 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 learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Mahila P.S. Case No.74 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T