Sachin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70642 of 2022 Arising Out of PS. Case No.-102 Year-2020 Thana- DHURAIYA District- Banka ====================================================== 1.

SACHIN YADAV S/O Panchu Yadav @ Panchan Yadav R/O Village- Sarba, P.S- Dhoraiya, District- Banka 2.

Panchu Yadav @ Panchan Yadav S/O Late Kameshwar Yadav R/O VillageSarba, P.S- Dhoraiya, District- Banka 3.

Dhananjay Yadav S/O Late Kameshwar Yadav R/O Village- Sarba, P.SDhoraiya, District- Banka 4.

Rohit Kumar S/O Dhananjay Yadav R/O Village- Sarba, P.S- Dhoraiya, District- Banka ... ... Petitioners.

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 354, 341, 323, 307, 379, 504 & 506/34 of the Indian Penal Code. While the informant was sleeping in her house, petitioner no.1 is said to have come and tried to outrage her modesty. When parents of the informant rushed in her rescue, then rest of the petitioners assaulted the father of the informant causing bleeding injury on his head. They also took away

Patna High Court CR. MISC. No.70642 of 2022(2) dt.28-02-2023 2/3 Rs.30,000/- from the informant's house and threatened the informant that she would be killed in case of lodging complaint against them.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity and dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties and only with a view to grab the land of the petitioners, this false and fabricated case has been lodged against them. The injury sustained by the victim is simple in nature. Petitioner no.4 has no criminal antecedent, while petitioner nos.1, 2 and 3 have one criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.70642 of 2022(2) dt.28-02-2023 3/3 connection with Dhoraiya P.S. Case No.102 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T