Alakhdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4616 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== ALAKHDEO YADAV S/O Musafir Yadav R/O Village- Sohdi, Ramdiha, P.SRajouli, District- Nawada (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 302/34 of the IPC and charge sheet has been submitted u/s 306 IPC and 8 POCSO Act. The allegation against the petitioner is that he along with other accused persons have killed the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. After investigation, police has submitted charge sheet u/s

Patna High Court CR. MISC. No.4616 of 2023(3) dt.08-05-2023 2/2 306 of the IPC and 8 of the POCSO Act against the co-accused Ravi Kumar and investigation is going on against the petitioner. It is further submitted that in the entire case diary, there is no eye-witness and only on suspicion, petitioner has been made accused in this case. Petitioner has three criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering that charge sheet has been submitted against the co-accused u/s 306 IPC and 8 of POCSO Act, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajouli P.S. Case No.95 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T