Yashwant Singh @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3032 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- DAWATH District- Rohtas ====================================================== Yashwant Singh @ Pawan Kumar, son of Raju Singh, Resident of VillageBithwa, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 04.09.2018 in connection with POCSO Case No.56/18 arising out of Dawath P.S. Case No.124 of 2018 registered for the offence under Sections 498A, 366A, 341, 323, 504, 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act and Section 8 of the POCSO Act.

Learned counsel for the petitioner submits that the informant of this case is the wife of the petitioner, who has alleged mental torture on account of the fact that the petitioner had kidnapped a girl from Hyderabad and brought her for the purpose of marriage. It is further submitted that the victim girl in her statement under Section 164 Cr.P.C. has also supported

Patna High Court CR. MISC. No.3032 of 2019(3) dt.28-02-2019 2/3 the case of the accused petitioner as she has stated that she had been lured to come from Hyderabad to Village-Bithwa in the district of Rohtas. It is further submitted that the petitioner has no criminal antecedent and has already been in custody for six months. It is also submitted that the petitioner shall co-operate in any further investigation and shall be present all through during the course of the trial, as and when required. In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Rohtas at Sasaram, in connection with POCSO Case No.56/18 arising out of Dawath P.S. Case No.124 of 2018, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned

Patna High Court CR. MISC. No.3032 of 2019(3) dt.28-02-2019 3/3 court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T