Sanjay Yadav @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70435 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== Sanjay Yadav @ Sanjay Kumar S/o Jaiky Yadav @ Jitendra Yadav Resident of Village - Simri, (Dukarara Tola), PS- Simri, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Singh, Advocate For the Opposite Party/s :
Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Simri PS case no. 79 of 2024, disclosing offences punishable under Sections 341, 323, 354(D), 509, 504, 506 of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that petitioner was teasing and stalking the informant for the last two years and when the informant protested, the petitioner threatened to make her photograph viral on the social media. On 17.04.2024, while the informant was going towards the house of her friend, petitioner and his friend followed her and made vulgar comments and upon protest, they assaulted her brutally. It has further been alleged that on 21.04.2024 in the
Patna High Court CR. MISC. No.70435 of 2024(2) dt.11-11-2024 2/3 morning, the petitioner along with other accused persons armed with lathi, danda and sharp cutting weapon came at the door of the informant and assaulted her family members. 4.
Learned Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused due to dispute regarding passage between the parties, who are co-villagers and neighbours. Learned counsel further submits that the petitioner is having no criminal antecedent and the Police has given the advantage of Section 41-A of Cr.P.C. He also submits that the petitioner co-operated in the investigation and now, charge-sheet has been submitted by the Police and petitioner has apprehension of arrest upon surrender.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner was given benefit of Section 41-A of Cr.P.C., he co-operated during course of investigation and is having no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.
6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be
Patna High Court CR. MISC. No.70435 of 2024(2) dt.11-11-2024 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Darbhanga in connection with Simri PS case no. 79 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T