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Patna High CourtCR. MISC./358/2024bail granted

Jai Prakash Kumar @ Jai Prakash Yadav @ Jay Prakash @ Chhotu Kumar @ Chhotu Yadav v. The State Of Bihar

2024-01-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.358 of 2024 Arising Out of PS. Case No.-342 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== JAI PRAKASH KUMAR @ JAI PRAKASH YADAV @ JAY PRAKASH @ CHHOTU KUMAR @ CHHOTU YADAV SON OF RAM BHAWAN YADAVV @ BHAWAN YADAV RESIDENT OF VILLAGE - CHIRIYATAND, P.S. - CHANDAUTI, DISTRICT - GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chandauti P.S. Case No. 342 of 2023, registered for the offences punishable under Sections 341, 342, 448, 323, 504, 506, 379, 307, 354(B), 325/34 of the Indian Penal Code.

3. As per allegation, the accused persons, named in the FIR, assaulted the informant and confined him in a dark room. The family members of the informant rescued him. Further, when the informant reached his house, the accused persons assaulted him and his family members and also threatened the informant to kill. Co-accused Ranjan Yadav took away Rs. 30,000 cash. Coaccused Sikandar Kumar assaulted uncle of the informant on his

Patna High Court CR. MISC. No.358 of 2024(2) dt.24-01-2024 2/2 head, as a result of which blood was oozing out of it.

4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and has falsely been implicated in this case. There is no allegation on him to assault the informant rather the allegation of assaulting the informant and locking him in room, was against co-accused persons. The only allegation against him is that he assaulted one Sarita Devi. He has submitted further that as a matter, the informant had molested the female members of the petitioner's family and the present case is counter blast of Chandauti P.S. Case No. 341 of 2023 which is prior to the present case.

5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 342 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) Kundan/- U T