Dismissed

Rahul Kumar Yadav v. the State of Bihar

Patna HC12 Dec 2022CR. MISC./15177/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application, the High Court refused relief due to the serious nature of the offences including Sections 307 and 304 IPC. However, the court directed that if the petitioner surrenders within six weeks, the lower court must consider regular bail without prejudice.

What did the court decide?

Prayer for anticipatory bail rejected. Directed lower court to consider regular bail within the same day of surrender in the next six weeks.

Rahul Kumar Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15177 of 2022

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Arising Out of PS. Case No.-229 Year-2021 Thana- SABAUR District- Bhagalpur

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======================================================

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RAHUL KUMAR YADAV Son of Nandu Yadav Resident of Village - Bhaigaon, P.S.- Sabour, Distt.- Bhagalpur.

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... ... Petitioner/s

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Versus THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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3 12-12-2022 Heard both sides.

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The petitioner apprehends his arrest in connection with Sabour (Goradih) P.S. Case No.229 of 2021 (wrongly mentioned as Sanokhar (Amdanda) P.S. Case No.180 of 2018 in the prayer portion of the bail petition), registered for the offences punishable under Sections 341, 323, 307, 354(B), 379, 447, 504, 506 and 120(B) of the Indian Penal Code.

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As per the allegation in the FIR, the petitioner and another co-accused person used to tease the victim girl and further used to make offer for marrying them. On the fateful day, it is alleged that not only they abused but also assaulted the family members of the informant. Accordingly, the FIR was lodged.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted

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Patna High Court CR. MISC. No.15177 of 2022(3) dt.12-12-2022 2/2

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that father of the petitioner has also been made accused in the present case. The FIR was lodged after two days of the occurrence without giving any explanation which creates a serious doubt on the veracity of the prosecution case. It is also submitted that the petitioner is a student of B.A. (Part-I).

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Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that similarly situated co-accused has been enlarged on regular bail by a coordinate Bench of this Court vide order dated 29.08.2022, passed in Cr. Misc. No.18186 of 2022.

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Considering the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

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However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order considering the fact that petitioner is a student of B.A. (Part-I).

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(Anjani Kumar Sharan, J)

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Sanjay/-

Rahul Kumar Yadav v. the State of Bihar

Case brief

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Rahul Kumar Yadav v. the State of Bihar

Case brief

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