Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33931 of 2014 Arising Out of PS.Case No. -153 Year- 2013 Thana -AMAS District- GAYA ======================================================

1. Jitendra Yadav Son of Kameshwar Yadav Resident of Village - Haridaspur, Police Station - Amas, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zeyaul Hoda For the Opposite Party/s : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 06.01.2014 on the accusation that he as well as one unknown committed gang rape upon the informant.

According to the prosecution case itself, the alleged occurrence took place in the night of 17.11.2013. Furthermore, no sufficient explanation for the above stated delay has been given and it is only stated by the informant that she did not lodge the case out of fear.

The contention on behalf of the petitioner is that the petitioner has been implicated in this false case on account of political rivalry and the victim was examined by the doctor after

Patna High Court Cr.Misc. No.33931 of 2014 (3) dt.23-01-2015 2/2 twelve days of the alleged occurrence and no sign of rape was found upon her.

Considering the nature of the case as well as submission of the parties and also keeping in mind the period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Sherghati in connection with Amas P.S.case No. 153 of 2013. (Hemant Kumar Srivastava, J) Namita/- U T