Krishnadeo Yadav @ Krishnadev Yadav @ Krishandev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9470 of 2025 Arising Out of PS. Case No.-197 Year-2011 Thana- BAUNSI District- Banka ====================================================== Krishnadeo Yadav @ Krishnadev Yadav @ Krishandev Yadav S/O Jagarnath Yadav Resident Of Narchatari, P.S-Bounsi, Distt.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with S. T. No. 01 of 2025 arising out of Bounsi P.S. Case No. 197 of 2011 dated 24.12.2011 instituted for the offence punishable under Sections 341, 323, 376, 379, 504/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner committed rape with the complainant/informant and allegation against the co-accused Kuldeep Yadav is that he snatched some ornaments from the informant and also threatened the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9470 of 2025(4) dt.16-05-2025 2/3 complaint has been filed on 23.08.2006 and the F.I.R. has been lodged in the year 2011. It is further submitted that after investigation, the I.O. has filed chargesheet under Section 323, 504 of the Indian Penal Code, but learned Magistrate took cognizance under Section 341, 323, 376, 379, 504/34 of the Indian Penal Code. It is further submitted that the occurrence took place in the background of land dispute between the parties. It is submitted that victim was not examined under Section 183 of B.N.S.S. and was also not medically examined by the doctor. Learned counsel for the petitioner further submits that similarly situated co-accused, Kuldeep Yadav has been granted bail vide order dated 01.10.2024 passed by a coordinate Bench of this Court in Criminal Miscellaneous No. 67250 of 2024. Lastly, it has been submitted that the petitioner is in custody since 12.12.2024 having one criminal case under Forest Act against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No.9470 of 2025(4) dt.16-05-2025 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge-1 -cum Special Judge, SC/ST Act, Banka in connection with S.T. No. 01 of 2025 arising out of Bounsi P.S. Case No. 197 of 2011.
(Khatim Reza, J) premchand/- U T