Nageshwar Yadav @ Nageshwar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21602 of 2016 Arising Out of PS.Case No. -74 Year- 2015 Thana -MAHILA PS District- GOPALGANJ ====================================================== Nageshwar Yadav @ Nageshwar Choudhary, son of Chandrika Yadav @ Chandrika Chaudhary, resident of village-Manikpur Navrang P.S.- Gopalganj District- Gopalganj .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate For the Opposite Party/s : Mr. Gajendra Pd. Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Gopalganj Mahila P.S. Case No. 74 of 2015 registered under Sections 376, 511, 354, 341, 323, 448 and 379 read with 34 of the Indian Penal Code.
It is contended that similarly circumstanced other co-accused, namely, Mankeshwar Yadav @ Mankeshwar Choudhary, Manoj Yadav, Munna Yadav and Bullet Yadav @ Bullet Kumar have already been granted anticipatory bail by this Court vide order dated 11.01.2016. It is further contended that
Patna High Court Cr.Misc. No.21602 of 2016 (2) dt.19-05-2016 2 / 2 though the alleged occurrence took place on 1st November, 2015, the FIR was belatedly instituted on 3rd November, 2015. I find that the case of the petitioner stands on a totally different footing to that of the other co-accused persons who have already been granted anticipatory bail, as there is specific allegation against him that he outraged the modesty of the informant and also tried to rape her.
Regard being had to the totality of the circumstances, the prayer for bail of the petitioner is rejected for the present. However, the petitioner may renew his prayer for bail after the framing of charge before the court below itself. (Ashwani Kumar Singh, J.) Sanjeet/- U T