Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69304 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- THAKRAHA District- West Champaran ====================================================== JITENDRA YADAV Son of Dangal Yadav Resident of village - Motipur, P.S.- Thakraha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 448, 354, 354A, 354B and 506 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of trying to outrage the modesty of the informant's wife while she was sleeping in her house at about 12.30 P.M. When the informant's wife woke up, the petitioner fled away and the motorcycle of the petitioner was parked at the door of

Patna High Court CR. MISC. No.69304 of 2022(3) dt.28-02-2023 2/3 the house of the informant.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The allegation of trying to outrage the modesty of the informant's wife is false and concocted because the motorcycle of the petitioner was earlier snatched by the villagers. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bagaha, West Champaran in connection with Tharkaha P.S. Case No. 83 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

1. The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court

Patna High Court CR. MISC. No.69304 of 2022(3) dt.28-02-2023 3/3 below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T