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Patna High CourtCR. MISC./10870/2015bail granted

Garbhu Yadav v. The State Of Bihar

2015-06-30Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10870 of 2015 Arising Out of PS.Case No. -37 Year- 2014 Thana -KANGALI District- WEST CHAMPARAN(BETTIAH) ======================================================

1. Garbhu Yadav Son of Late Rudal Yadav, Resident of Village- Sugaha, Bhawanipur, P.S.- Lauria, District- West Champaran .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey For the Opposite Party : Mr Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-06-2015 Heard both sides.

The petitioner herein seeks bail in Kangali P.S. case no. 37 of 2014, registered for the offences punishable under Section 366A, 370A, 372, 373 of the IPC, Sections 7 and 11 of the Prevention of Children from Sexual Offences Act and Section 5 of the Immoral Traffic Act.

The Director of the child line sub centre lodged the case that he could retreat three victims girl from the sub health centre where they were held for performing the dance. Learned counsel for the petitioner drawing attention of the Court to the statement of at least two of them recorded under Section 164 of the Cr. P.C. enclosed as Annexure-2 series in order to submit that they were not minors and that they have not alleged anything against the petitioner.

Patna High Court Cr.Misc. No.10870 of 2015 (3) dt.30-06-2015 2/2 It is stated that the petitioner is in custody since 20.12.2014.

Considering the facts aforesaid, the petitioner, above named, is directed to 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 the learned 1st Additional District and Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Kangali P.S. case no. 37 of 2014 subject to the following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.

(ii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U T