Allowed

Sahodar Yadav v. The State of Bihar

Patna HC14 Jul 2023CR. MISC./32755/2023

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to two petitioners apprehending arrest in a case registered under various IPC sections including robbery, grievous hurt, and cheating. The bail was granted subject to furnishing a bond and executing conditions laid down under Section 438(2) Cr.P.C., effective in the event of arrest or surrender within six weeks.

What did the court decide?

Anticipatory bail granted to the petitioners subject to surrender or arrest within six weeks and furnishing of bail bond of Rs. 10,000 with two sureties under Section 438(2) Cr.P.C.

Sahodar Yadav Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32755 of 2023

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Arising Out of PS. Case No.-173 Year-2022 Thana- SONO District- Jamui

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

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SAHODAR YADAV SON OF NEPALI YADAV Resident of village - Salaiya, P.S. - Sono, Distt. - Jamui

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SANGITA DEVI WIFE OF DILIP YADAV Resident of village - Salaiya, P.S. - Sono, Distt. - Jamui

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar, Adv. For the Opposite Party/s : Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 14-07-2023

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners are apprehending their arrest in connection with Sono P.S. Case No. 173 of 2022 registered for the offences punishable under Sections 341, 323, 447, 448, 379, 354, 308, 504, 506 and 34 of the Indian Penal Code.

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As per prosecution case, on 13.05.2022 at about 7:00 PM informant was talking on mobile in the meantime, coaccused Dilip Yadav came and snatched the informant's mobile. On the next morning when informant went to the house of coaccused Dilip Yadav to make complain, co-accused Dilip Yadav started abusing and assaulting her. It is further alleged that on

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Patna High Court CR. MISC. No.32755 of 2023(2) dt.14-07-2023 2/3

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13.06.2022 when informant was at her house, FIR named accused persons including the petitioners entered into the house of informant and started abusing and assaulting her. In course of assault, appellant no. 1 (Sahodar Yadav) gave lathi blow over the head of informant's husband due to which informant's husband received injury over his head. Co-accused Dilip Yadav assaulted the informant by means of lathi. It is further alleged that appellant no. 2 (Sangita Devi) along with co-accused Champa Devi and Sahodari Devi assaulted by means of fists and legs. It is further alleged that during course of assault mobile phone of informant's husband worth Rs. 14,000/- was taken away by the accused persons. It is further alleged that coaccused Sahodari Devi snatched ear-ring and chain from the informant.

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Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. He further submits that petitioners and informant are own gotiya and due to previous enmity of land dispute the present case has been instituted against the petitioners. He further submits that injury reports of informant and her husband have been found simple in nature, as mentioned in the impugned

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Patna High Court CR. MISC. No.32755 of 2023(2) dt.14-07-2023 3/3

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order. He further submits that all the sections are bailable in nature, except Sections 308, 354 and 379 of the IPC and said sections are nothing but super-addition to make the offence grave. Petitioners bear no criminal antecedent.

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The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Jamui/concerned court in connection with Sono P.S. Case No. 173 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Alok Kumar Pandey, J)

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shahzad/-

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U T

Sahodar Yadav v. The State of Bihar

Case brief

What is this about?

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Sahodar Yadav v. The State of Bihar

Case brief

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