Deepak Kumar @ Deepak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2241 of 2025 Arising Out of PS. Case No.-214 Year-2024 Thana- TARAPUR District- Munger ====================================================== 1.

Deepak Kumar @ Deepak Kumar Yadav S/O Late Charitra Yadav R/O Village- Afjal Nagar (Khudiya), P.S- Tarapur, Distt.- Munger. 2.

Dhirendra Kumar S/O Charitra Yadav R/O Village- Afjal Nagar (Khudiya), P.S- Tarapur, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the State :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-01-2025 Heard Ld. counsel for the petitioners and Ld. APP for the State.

2. The petitioners seeks anticipatory bail, apprehending their arrest, in connection with Tarapur PS. Case No.214 of 2024 dated 11.08.2024, registered for the offences punishable under Sections 329(4), 126(2), 115(2), 76 and 351(3) of Bhartiya Nayay Sanhita and Section 3⁄4 of Witch Craft Act.

3. As per allegation, accused persons came to the house of the informant and assaulted the informant and outraged the modesty of her Gotani.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.2241 of 2025(2) dt.24-01-2025 2/3 case. He further submits that the present case has been filed as counter blast to Tarapur P.S. Case No. 213 of 2024 lodged by accused side for the similar offence. He further submits that similarly situated co-accused persons have already been enlarged on bail by this Court vide order dated 11.12.2024, passed in Cr. Misc. No. 84412 of 2024.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated paragraph no.3 of the bail petition that the petitioners have two criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M.-II, Munger, in connection with Tarapur P.S. Case No.-214 of 2024, subject to the conditions as laid down

Patna High Court CR. MISC. No.2241 of 2025(2) dt.24-01-2025 3/3 under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any additional criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J.) shoaib/- U T