Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3047 of 2024 Arising Out of PS. Case No.-34 Year-2021 Thana- JHAJHA District- Jamui ====================================================== 1.

Rajesh Yadav S/O Dhandeshwar Yadav @ Dhaneshwar Yadav R/O VillDomai Madhua, Ps-Jhajha, Dist-Jamui 2.

Shempu Yadav@Shempu Kumar S/O Dhandeshwar Yadav @ Dhaneshwar Yadav R/O Vill-Domai Madhua, Ps-Jhajha, Dist-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jhajha PS Case No. 34 of 2021, dated 03.02.2021, instituted for the offence punishable under Sections 341,323, 324,307,504,506 and 34 of the Indian Penal Code.

3. Allegation in the First Information Report (for brevity 'FIR') is that the petitioners have abused and assaulted the sister-in-law of the informant with fists and slaps. When the informant tried to rescue her, petitioner no.1 assaulted the informant with Bhujali, causing injury on his left ear and forehead.

4. Learned counsel for the petitioners submitted that petitioners have been falsely implicated in this case. It is

Patna High Court CR. MISC. No.3047 of 2024(2) dt.31-01-2024 2/2 submitted that petitioners and informant are close Gotiyas. It is also submitted that the nature of injury found on the person of the informant is simple, caused by hard and blunt substance. Copy of injury report is annexed as Annexure-2 to bail petition. As per statement made in para-3 of the bail petition, the petitioners have no criminal antecedents.

5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Jhajha PS Case No. 34 of 2021, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui, or appropriate Court below, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T