Patna High CourtCR. MISC./13627/2018bail granted

Mukhiya Yadav @ Mukhia Yadav And ANR v. State Of Bihar And ANR

2018-03-09Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.13627 of 2018 (3) dt.09-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13627 of 2018 Arising Out of PS.Case No. -790 Year- 2008 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ======================================================

1. Mukhiya Yadav @ Mukhia Yadav, S/o Late Sonu Yadav,

2. Shambhu Yadav, Son of Late Baleshwar Yadav, All Resident of Village- Dihuri, P.S.- Parasbigha, Dist.- Jehanabad..... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manti Devi, Wife of Late Chanarik Yadav, Resident of village- Dihuri, Police Station- Parasbigha, District- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-03-2018 Heard learned Counsel for the petitioners and the State. Petitioner, already in custody, seeks bail in Complaint Case No. 790 of 2008 registered under Sections 147, 148, 149, 380 and 376 of the IPC.

The allegation in brief is that while the complainant was going to lodge case along with her daughters, one of the daughters was forcibly taken away by the accused persons and was raped. Learned Counsel for the petitioners submits that both sides are agnates, both the petitioners are nephew of the complainant, the allegation of rape is against other cousin only due to partition dispute and other co-accused Ramji Yadav and others have been admitted to bail by a coordinate Bench of this Court vide Cr. Misc. No. 63110 of 2017.

Having considered the said facts and circumstances, the petitioners, namely, Mukhiya Yadav @ Mukhia Yadav, and Shambhu Yadav, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM Jehanabad in connection with Complaint Case No. 790 of 2008.

(Arun Kumar, J) Snkumar/- U T