Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64711 of 2024 Arising Out of PS. Case No.-7 Year-2024 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Santosh Yadav @ Santosh Kumar, Son of Ram Chandra Yadav, R/O VillageSuba Tole, P.S. Andhramath, District- Madhubani 2.

Manish Kumar @ Manish Yadav Son of Ravindra Yadav R/O Village- Suba Tole, P.S. Andhramath, District- Madhubani 3.

Rabindra Yadav @ Rabindra Prasad Yadav, Son of Munshi Yadav, R/O Village- Suba Tole, P.S. Andhramath, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-10-2024 Heard Mr. Jitendra Kumar Bharti, learned counsel appearing on behalf of the petitioners and Mr. Navin Kumar Pandey, learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Andhramath P.S. Case No. 07 of 2024 registered under Sections 341, 323, 324, 354(B), 307, 379/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners along with other accused persons assaulted on different parts of the body of the informant's brother and had outraged the modesty of informant's mother.

Patna High Court CR. MISC. No.64711 of 2024(2) dt.05-10-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have falsely been implicated in the present case. Learned counsel further submitted that there is case and counter case between the parties and the first case has been lodged by the petitioners bearing Andhramath P.S. Case No.06 of 2024 against the informant. Both petitioners' and informant's sides have sustained grievous injuries. The petitioners have clean antecedent. On these grounds, the petitioners seek to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, the learned District Court is directed to release the petitioners on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Andhramath P.S. Case No. 07 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.64711 of 2024(2) dt.05-10-2024 3/3

7. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T