Upendra Yadav @ Upendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17970 of 2016 (2) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17970 of 2016 Arising Out of PS.Case No. -44 Year- 2014 Thana -IMAMGANJ District- GAYA ======================================================

1. Upendra Yadav @ Upendra Kumar, son of Manohar Yadav, Resident of village- Gaderia Raniganj, P.S- Imamganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 29.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 366A of the Indian Penal Code.

Petitioner is not named in the first information report and according to the written report of the informant it was co- accused Chunnu Yadav who took the victim. Subsequently, statement of victim has been recorded under section 164 of the Cr.P.C in which she, too, stated that she was taken away by co- accused Chunnu Yadav. However, in her statement, she stated that the petitioner had also accompanied her.

The contention on behalf of the petitioner is that co- accused Chunnu Yadav has already been granted privilege of bail by a coordinate bench of this court.

Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.17970 of 2016 (2) dt.29-04-2016 submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Sherghatti District Gaya in Imamganj P.S. Case no. 44/2014.

shahid (Hemant Kumar Srivastava,J) U T