Rajdeep Yadav @ Rajdeep Kumar v. The State of Bihar
CR. MISC./83064/2024 · 2025-04-28
Smt Soni Shrivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96233 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96233 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83064 of 2024 Arising Out of PS. Case No.-373 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Rajdeep Yadav @ Rajdeep Kumar Son of Shivo Yadav @ Shivnandan Yadav Vill-Ram Nagar,Ward No 10 Kanp,P.S-Saur Bazar, Dist- Saharsa ... ... Petitioner/s Versus
1. The State of Bihar
2. Shankar Sada son of Late Jamun Sada village- Ram nagar, Ward no. 10 East kanp, Ps- Saur Bazar, Dist- Saharsa ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Singh, Adv. For the State : Mr. Usha Kumari 1, APP. For the Informant : Mr. Madhav Jha, Adv. ======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 28-04-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504, 506, 34 of the Indian Penal Code and Section 3(i)(r) (s)(w)/3(ii)(v)(a) of the SC/ST Act and Section 8/12 of the POCSO Act.
3. The prosecution case as disclosed in the FIR relates to some misbehaviour committed with the daughter of the informant by two labourers while she was cutting grass. It has further been alleged that as many as seven persons, who were members of the village Mela Committee including the petitioner
Patna High Court CR. MISC. No.83064 of 2024(3) dt.28-04-2025 2/3 were informed about the said occurrence, but they, instead of resolving the issue, let the two wrong doers flee away from the place of occurrence and even hurled abuses and assaulted the informant.
4. Learned counsel for the petitioner submits that the allegations levelled against the petitioner are totally false and a bare perusal of the FIR would go to show that there is general and omnibus allegation against as many as seven accused persons out of whom petitioner is also one. The specific allegation is against two labourers, namely, Md. Abdul Manna and Md. Arbaj of having tried to tease the daughter of the informant. The only allegation against the petitioner is that he along with six other accused persons allowed the wrong doers to flee away. So far as the allegation of hurling abuses and using caste name is concerned, it seems to be superfluous in
order to make the case serious.
5. Learned APP for the State and learned counsel for the informant opposes the prayer for bail
6. Considering the facts and circumstances of the case, I am inclined to extend the privilege of anticipatory bail to the petitioner, who has no criminal antecedent. Let the petitioner, above named, in the event of his arrest or surrender before the
Patna High Court CR. MISC. No.83064 of 2024(3) dt.28-04-2025 3/3 Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI cum Special Judge (POCSO), Saharsa in connection with Saur Bazar P.S. Case No. 373 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023.
divyanshi/- (Soni Shrivastava, J) U T