Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84336 of 2023 Arising Out of PS. Case No.-571 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Vikash Yadav Son Of Shiv Kumar Yadav R/O Village- Suggapatti, P.S.- Phulparas, Dist.- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 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 Sections 341, 323, 354(B), 349, 452, 504 and 34 of the Indian Penal Code.

3. As per the F.I.R., allegation against the petitioner is that he along with other co-accused persons have entered into the house of the informant and started molesting the informant and they have touched private parts of the informant and also have abused and assaulted the informant. It is further alleged that petitioner has took 1 lakh cash from home.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.84336 of 2023(2) dt.12-01-2024 2/3 falsely implicated in this case due to village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is a compromise established between the parties but the learned court below has not considered the same. 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 fact that a compromise established 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 Phulparas P.S. Case No. 571 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Petitioner is directed to co-operate in the trial. If the petitioner fails to appear before the learned court below on the two consecutive dates on the date fixed in the case, the prosecution will be at liberty to file an application for

Patna High Court CR. MISC. No.84336 of 2023(2) dt.12-01-2024 3/3 cancellation of bail bond of the petitioner before the learned court below.

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