Rekha Yadav @ Rekha Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31112 of 2015 Arising Out of PS.Case No. -20 Year- 2013 Thana -DUMARIA District- GAYA ====================================================== Rekha Yadav @ Rekha Jee, Son of Jatu Yadav resident of village - Harhi, P.S. Dumaria, Distt. - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. S. Jamil Akhtar, Advocate.

For the Opposite Party : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Sections 353, 332, 307, 120B and other Sections of the Indian Penal Code, under Section 27 of the Arms Act, Section 17 of the C.L.A. Act and Sections 10, 11, 13(i), 13(ii) of the U.A.P. Act.

The informant stated that the police got information that many Maoists had assembled near a hill. The police proceeded, Maoists started firing and the police also resorted to firing. The informant named the petitioner on the basis of conversation and shouting of the members of the Maoists during the course of firing.

It is submitted that the petitioner has falsely been

Patna High Court Cr.Misc. No.31112 of 2015 (2) dt.18-08-2015 2/2 implicated in the case merely because he has criminal antecedent. The petitioner was not apprehended on the spot and nothing has been recovered from the possession of the petitioner. The petitioner is in jail since 30.11.2013 and has already remained in jail for one year ten months.

Considering the facts aforesaid, the petitioner above named 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya in Dumaria P.S. Case No. 20 of 2013. (Prabhat Kumar Jha, J.) KKSINHA/- U T