Ramphal Yadav vs The State Of Bihar
2021 Latest Caselaw 1824 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 34517 of 2020
            Arising Out of PS Case No.-89 Year-2019 Thana- BHEJA District- Madhubani
     ======================================================

1. Ramphal Yadav, aged about 65 years, Son of Late Rameshwar Yadav.

2. Laxmi Yadav, aged about 28 years, Son of Ramphal Yadav.

Both resident of Village - Khajuri PS Bheja, District- Madhubani.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s     :        Mr. Gagan Deo Yadav, Advocate
     For the State            :        Mr. Umanath Mishra, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Gagan Deo Yadav, learned counsel for the

petitioners and Mr. Umanath Mishra, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Bheja PS Case No. 89 of 2019 dated 01.07.2019, instituted under

Sections 341, 323, 324, 354B, 379 and 504/34 of the Indian Penal

Code.

4. The allegation against the petitioners is of assault on

the informant and specifically against petitioner no. 1 of abusing

and assaulting her by foot on her private part and against

petitioner no. 2 of assault by iron rod on the head.

Patna High Court CR. MISC. No.34517 of 2020 dt.26-03-2021

5. Learned counsel for the petitioners submitted that the

allegations are false and concocted and much prior to the present

case, the mother of co-accused Rajesh Yadav had lodged Bheja PS

Case No. 82 of 2019 on 19.06.2019, against the informant and

others under Sections 341, 323, 355(B), 379 and 504/34 of the

Indian Penal Code. It was submitted that the petitioners do not

have any criminal antecedent. It was submitted that there is no

injury report to corroborate the attack attributed to the petitioner

no. 1 of hitting by foot on the private part of the informant. It was

submitted that the petitioner no. 1 is an old man aged about 65

years.

6. Learned APP submitted that there is direct and

specific allegation of assault by the petitioner no. 1 on the private

part of the informant and against the petitioner no. 2 of hitting on

the head by iron rod. It was submitted that the learned Additional

Sessions Judge, Jhanjharpur in order dated 21.11.2019 in ABP No.

330 of 2019, by which prayer for anticipatory bail of the

petitioners has been rejected, after having perused the injury

report, has noted that there was lacerated wound on the head

which was grievous in nature and, thus, the same is corroborative

of the allegation in the FIR against the petitioner no. 2. However,

he did not controvert the fact that no injury has been found with Patna High Court CR. MISC. No.34517 of 2020 dt.26-03-2021

regard to allegation of assault on private part of the informant by

petitioner no. 1.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner no. 1 namely, Ramphal Yadav be

released on bail upon furnishing bail bonds of Rs. 25,000/-

(twenty five thousand) with two sureties of the like amount each

to the satisfaction of the learned ACJM-III, Jhanjharpur, District-

Madhubani in Bheja PS Case No. 89 of 2019, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further, (i) that one of the bailors shall be a

close relative of the petitioner no. 1, (ii) that the petitioner no. 1

and the bailors shall execute bond with regard to good behaviour

of the petitioner no. 1 and he shall co-operate with the

police/prosecution and the Court. Any violation of the terms and

conditions of the bonds or failure to co-operate shall lead to

cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner no.

1, to the notice of the Court concerned, which shall take Patna High Court CR. MISC. No.34517 of 2020 dt.26-03-2021

immediate action on the same after giving opportunity of hearing

to the petitioner no. 1.

9. The application stands disposed off in the

aforementioned terms.

10. The application on behalf of petitioner no. 2 namely,

Laxmi Yadav, stands rejected.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T