Patna High CourtCR. MISC./31065/2014bail granted

Bipin Kumar Yadav v. The State Of Bihar

2015-01-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31065 of 2014 Arising Out of PS.Case No. -61 Year- 2014 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Bipin Kumar Yadav Son of Jai Kishore Yadav Resident of villageFatepur, P.S.- Bihariganj, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar, Advocate. For the Opposite Party/s : Mr. Amitesh Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2015 Heard both sides.

The petitioner Bipin Kumar Yadav seeks bail in Bihariganj P.S. Case No. 61 of 2014, registered for the offences punishable under Sections 366 & 380 of the Indian Penal Code. The informant Bouku Yadav made allegation against the petitioner that petitioner kidnapped his wife Sita Devi and his son.

Learned counsel for the petitioner submits that the complaint petition was filed after 15 days of the occurrence on basis of which present FIR was registered. The victim is a major lady and she disclosed that since her son was kidnapped by Shivan Yadav, Sharmila, Munni and Bipin Yadav. Thereafter, she accompanied Bipin Yadav to Chandigarh. She also alleged that

Patna High Court Cr.Misc. No.31065 of 2014 (3) dt.12-01-2015 Bipin Yadav use to assault her and committed rape with her. It appears that the victim is a major lady and she did not make any complain about the ill behaviour during the entire way to Chandigarh and the victim has many children. Considering the facts aforesaid, and nature of allegation made against the petitioner and also the fact that the petitioner is in jail since 04.05.2014, the 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 Additional Chief Judicial Magistrate, Madhepura in connection with Bihariganj P.S. Case No. 61 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T