Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73408 of 2023 Arising Out of PS. Case No.-400 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Gaurav Kumar Son Of Niranjan Yadav Resident Of Village - Athaniya, P.S. - Pirpainti, District - Bhagalpur 2.

Hari Lal Yadav @ Hari Yadav Son Of Late Ram Prasad Yadav Resident Of Village - Athaniya, P.S. - Pirpainti, District - Bhagalpur 3.

Jichcho Yadav @ Jichchu Yadav Son Of Late Ram Prasad Yadav Resident Of Village - Athaniya, P.S. - Pirpainti, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyam Kishor Das For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Pirpainti P.S. Case No. 400 of 2022 dated 24.11.2022 registered for the offence punishable under Sections 341, 323, 504, 506, 379 and 354 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.73408 of 2023(2) dt.29-11-2023 2/3 co-accused persons holding deadly weapons entered the house of the informant and the co-accused Nakul Yadav and Niranjan Yadav assaulted the informant's husband and brother-in-law of the informant with butt of musket and rifle causing injuries. Thereafter, they snatched golden chain from the neck of the informant's mother-in-law and sister-in-law. It is further alleged that the petitioner No. 2 and 3 tried to make her nude and the petitioner No. 1 along with the co-accused persons assaulted them with iron rod and dabiya.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Learned counsel has further submitted that the injuries are simple in nature. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of

Patna High Court CR. MISC. No.73408 of 2023(2) dt.29-11-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Pirpainti P.S. Case No. 400 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

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