Satish Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67805 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- JALE District- Darbhanga ====================================================== SATISH KUMAR YADAV, aged about 26 years, Gender-Male, S/o Balmiki Yadav, R/o village- Dhankaul, P.S.- Jalley, District- Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Thakur, Mrs. Babita Kumari and Mr. Malay Kumar Choudhary, Advocates.
For the Opposite Party :
Mr.Brajendra Nath Pandey,A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 506, 379, 354(B), 307 and 448 of the IPC.
The prosecution story, in brief, is that on 13.05.2019 at about 10 P.M. in the night while the informant was sleeping in her house, accused persons including the petitioner armed with Lathi, Danda, Rod, Dagger, Farsa, Knife and Khanti came and assaulted her son, Jitendra Yadav. When the informant came to rescue, she was also assaulted by accused persons. When the daughter of the informant came to rescue, Ratish Yadav and Dilip Yadav tried to outrage her modesty by touring her Blause
Patna High Court CR. MISC. No.67805 of 2019(2) dt.24-10-2019 2/3 and Saree. The also took Mangalsutra worth Rs.35,000/- and Chhak of informant's daughter. The injured were admitted in hospital. The also committed theft of articles and ornaments worth Rs. 75,000/-.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 12.09.2019. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. Prior to institution of the present case, one more case was instituted against the prosecution side by the accused persons for the offence under Section 366(A) of the IPC. A pressure was put on accused side for compromise in respect of the said earlier case. The petitioner and other accused persons were not agreed to enter into compromise. Hence, the present occurrence is said to have taken place. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let
Patna High Court CR. MISC. No.67805 of 2019(2) dt.24-10-2019 3/3 the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 1 at Darbhanga at Laheriasarai, in connection with Jalley P.S. Case No. 69 of 2019.
(Sudhir Singh, J) U.K./- U T