Lalan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.32968 of 2015 (3) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32968 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Lalan Yadav Son of Janak Yadav, Resident of Village - Laukaria, P.S. - Yagapatti, District - West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Awdhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 376 of the Indian Penal Code and Section 4 of POSCO Act.

Allegation against the petitioner is that daughter of the informant had gone with him and thereafter, she is traceless. It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 2. 2. 2015. Chargesheet has been submitted in this case. No material is there to suggest that petitioner is tampering with the evidence. The date of occurrence is 26.1.2015 and F.I.R. has been instituted on 29.1.2015. There is no explanation on behalf of the prosecution in respect to the delay in lodging the case. The victim has been examined under Section 164 of the Code of Criminal Procedure in which she has named this petitioner but the same does not tally with the medical report which is para-66 of the case diary. No sign of rape has been found by the doctor. The victim's age has been

Patna High Court Cr.Misc. No.32968 of 2015 (3) dt.05-10-2015 assessed 17-18 years. Other independent witnesses in paras-6, 7, 8 and 9 of the case diary have stated that the victim has eloped for the purpose of marriage.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Ist Addl. Sessions Judge cum Special Judge, Bagaha, West Champaran, in connection with POSCO Case no.16 of 2015 arising out of Chautarwa P. S. Case no. 30 of 2015.

(Sudhir Singh, J) sudip/- U T