Chanchal Yadav @ Chanchal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15705 of 2021 Arising Out of PS. Case No.-76 Year-2020 Thana- DAWATH District- Rohtas ====================================================== Chanchal Yadav @ Chanchal Kumar Singh Son of Late Bihari Singh Resident of Village- Yogini, P.S.- Dawath, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Dawath P.S. Case no. 76 of 2020 registered under sections 376, 354(A), (B), (C) and section 147 of the Indian Penal Code.

As per allegations in the F.I.R., it is stated that the accused persons including the petitioner herein caught hold of the informant. Thereafter it is stated that Suresh Kumar Yadav and Chanchal Yadav committed rape on her.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is no explanation for the delay of 24 hours in lodging of the F.I.R. It is further submitted that the case of the petitioner stands

Patna High Court CR. MISC. No.15705 of 2021(2) dt.23-07-2021 2/2 on a similar footing to that of co-accused Suresh Kumar Yadav who has been enlarged on bail vide order dated 23.12.2020 passed in Cr.Misc.no.24687 of 2020. The petitioner is in custody since 23.5.2020 and has no criminal antecedent. Investigation in the case has concluded.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for more than 1 year, grant of bail to coaccused Suresh Kumar Yadav and investigation in the case having concluded, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Dawath P.S. Case no. 76 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Vikramganj, Rohtas.

(Partha Sarthy, J) Bibhash U