Allowed¶21

Sharwan Yadav @ Sharwan Kumar Yadav v. The State of Bihar

Patna HC20 Apr 2024CR. MISC./22482/2024

Case brief

AI extract

What is this about?

anticipatory bail; section 438(2) CrPC; IPC ss. 323, 341, 354 r/w 34; molestation; false implication; land dispute; Hathauri P.S. Case No. 97 of 2018; no medical examination; criminal antecedent; bail bond Rs. 20,000 with two sureties; Samastipur; Rosera; Patna High Court; Crl. Misc. No. 22482 of 2024; Chandra Prakash Singh, J

What did the court decide?

Anticipatory bail: petitioner to be enlarged on bail upon arrest or surrender within six weeks, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the court concerned, Rosera, Samastipur, subject to conditions under section 438(2) CrPC. ¶21

Sharwan Yadav @ Sharwan Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22482 of 2024

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Arising Out of PS. Case No.-474 Year-2020 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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

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Sharwan Yadav @ Sharwan Kumar Yadav S/o Sita Ram Yadav R/o vill - Dasaut, P.S. - Hathauri, Distt. - Samastipur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Anjali Kumari D/o Mahesh Ray R/o vill - Dasaut, P.S. - Hathauri, O.P. - Shivajinagar, Distt. - Samastipur

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha, adv. Mr. Shishir Kumar Shishir, Adv. For the Opposite Party/s : Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 20-04-2024 Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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2 . The petitioner is apprehending his arrest in a case in connection with C.R. No. 474 of 2020 dated 12.10.2020 registered for the offence/s punishable u/ss 323, 341, and 354 read with section 34 of the Indian Penal Code.

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3 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the complainant and molested her.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

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Patna High Court CR. MISC. No.22482 of 2024(2) dt.20-04-2024 2/2

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this case due to land dispute. Earlier the complainant also lodged an FIR bearing Hathauri P. S. Case No. 97 of 2018 for the similar allegation. The complainant was neither examined by any doctor nor she produced any medical report. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. No offence u/s 354 of the I.P.C. is made out against the petitioner.

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5 . Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

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6 . Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rosera, Samastipur in connection with C.R. No.474 of 2020 dated 12.10.2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/- U T

Sharwan Yadav @ Sharwan Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sharwan Yadav @ Sharwan Kumar Yadav v. The State of Bihar

Case brief

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