Ramashary Prasad @ Ramasharay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83955 of 2023 Arising Out of PS. Case No.-474 Year-2022 Thana- ATRI District- Gaya ====================================================== Ramashary Prasad @ Ramasharay Yadav S/O Parmeshwar Yadav (Wrongly Written In Impugned Order As S/O- Late Karu Yadav), R/O Village- Bhaiya Bigha, P.S.- Atri, District- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 307, 325, 354, 379/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons have assaulted the informant and his family members.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence as alleged in the petition. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.83955 of 2023(2) dt.11-01-2024 2/2 general and omnibus in nature. There is specific allegation on the petitioner is that he tried to outrage the modesty of sister-inlaw (Bhabi) of the informant. The nature of the injury of the victim is simple in nature. This is case and counter case between the parties annexed as annexure -2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, considering the nature of injury is simple in nature and there is case and counter case between the parties, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Atri P.S. Case No. 474 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T