Ramashray Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82894 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== Ramashray Yadav S/O Late Sukhu Yadav Village- Nauranga, Ps. Islampur, Dist. Nalanda.

... ... Petitioner

Versus

1. The State Of Bihar

2. Anita Devi, W/o Ramashray Yadav resident of village - Nauranga Police Station Islampur, District Nalanda presently village Lakhahar, Police Station Ghoshi, District Jehanabad ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Lakshmindra Kumar Yadav, Advocate For the Opposite Party :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and the State. Nobody appeared for opposite party no.2 in spite of valid service of notice.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 324, 498A, 506/34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including this petitioner abused and assaulted the brother and father of the informant and when she protested, these accused persons assaulted the family members of the informant. Co-accused Sonu Kumar assaulted brother of the informant with Lathi causing him head injury and he also bite the finger of informant's brother.

Patna High Court CR. MISC. No.82894 of 2023(6) dt.20-06-2024 2/2

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Allegation of assault is general and omnibus against this petitioner and no specific overt act has been alleged against him. As a matter of fact, for the same set of offence informant had filed Complaint Case No. 24/2022, again she has filed the instant case for the same offence to pressurize the petitioner. Petitioner and informant got married 20 years back. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class Hilsa, Nalanda in Islampur PS case No.16/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T