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Patna High CourtCR. MISC./22987/2015bail granted

Munna Yadav v. State Of Bihar And ANR

2015-09-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22987 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munna Yadav. S/o Mishri Yadav. R/o village - Parari, P.S.- Lauriya, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sagira Khatoon. W/o Munna Yadav, D/o Guddu Mian. Resident of village - Misrauli, P.S.- Sanichari, District - West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 366A, 376 of the Indian Penal Code.

The victim was found roaming on a road. The informant, an activist, got the victim and lodged the case that Munna Yadav, the petitioner, enticed her and sexually exploited her.

It is submitted that the parents of the victim did not support the case. The victim made her statement under section 164 of the Cr. P.C. and alleged that the petitioner firstly sold her thereafter exploited her sexually but the doctor did not find any

Patna High Court Cr.Misc. No.22987 of 2015 (3) dt.21-09-2015 2/2 sign of sexual intercourse. It is submitted that the trial has already began and the victim has been examined during the course of trial. The victim in her deposition disclosed that Munna Yadav never enticed her nor sexually exploited her. The victim turned hostile. Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Sessions Judge-cum-Special Judge, Bettiah (West Champaran) in S.G.R. No. 18/2015 arising out of Jogapatti (Sanichari) P.S. Case No. 52/2015.

(Prabhat Kumar Jha, J) BKS/- U T