Shobha Yadav @ Shoubha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76003 of 2023 Arising Out of PS. Case No.-44 Year-2022 Thana- NADI District- Supaul ====================================================== SHOBHA YADAV @ SHOUBHA YADAV Son of Kusheshwar Yadav R/o Village- Koriyapatti ward no.2, P.S. Marona, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Patla Kumari, advocate Ms. Priti Priyadarshi, advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Supaul Nadi P.S. Case No. 44 of 2022 dated 01.07.2022 registered under Sections 147, 148, 149, 447, 380, 307, 354, 504 of the I.P.C.

3. As per the First Information Report on 28.06.2022 while the informant was sitting in her courtyard, the petitioner along with four other accused persons and ten unknown persons armed with various weapons arrived there and assaulted the informant's husband by means of butt of

Patna High Court CR. MISC. No.76003 of 2023(3) dt.07-03-2024 2/3 rifle. It has further been alleged that petitioner assaulted on the head of informant's son by kunda (butt of rifle) due to which her son sustained head injury.

4. Learned counsel for the petitioner submits that there is allegation of assault on the head of the informant's son but no injury report has been brought on record by the prosecution showing that victim has sustained injuries.

5. Learned counsel for the State supports the statement made by learned counsel for the petitioner and submits that in the entire case diary the injuries caused to the informant's son is not there.

6. Regard being had to the submission made by the parties, taking into consideration the fact that the prosecution has not brought on record the report mentioning injury caused to the informant's son and the nature of injury caused to the informant's son, I am inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten

Patna High Court CR. MISC. No.76003 of 2023(3) dt.07-03-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-I, Supaul / concerned court in connection with Supaul Nadi P.S. Case No. 44 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T