Patna High CourtCR. MISC./3627/2019bail granted

Ajay Yadav v. The State Of Bihar

2019-01-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3627 of 2019 Arising Out of PS. Case No.-185 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== Ajay Yadav, son of Kripal Yadav @ Ram Kripal Dunilal Yadav, resident of Village - Paithan Kawai, P.S. Manigachhi (Nehra O.P.), Distt. Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramashankar Singh, Advocate.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Manigachhi P.S. Case No. 185 of 2018, instituted for the offence under Section(s) 376 of the Indian Penal Code and Section 4 of POCSO Act. Counsel for the petitioner submits that from the written report it appears that occurrence has taken place on 5.9.2018 in the noon and the First Information Report has been lodged on 6.9.2018.

It is alleged in the written report that informant went to the bank of canal (Nahar) situated near the temple to collect wood for Jalawan, the petitioner came there and caught her. He committed rape with her. Petitioner was apprehended by the public and handed over to the Police.

Patna High Court Cr.Misc. No.3627 of 2019(2) dt.30-01-2019 2/2 The victim girl has been medically examined. The Medical Report has been enclosed as Annexure-2 wherein the Doctor has found no sign of rape. It is mentioned in the Medical Report that no external or internal injury was found over the body of the informant.

Petitioner is in custody since 6.9.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga, in connection with Manigachhi P.S. Case No. 185 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T