Patna High CourtCR. MISC./47577/2015bail granted

Azad Yadav v. The State Of Bihar

2015-11-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47577 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -NARHAT District- NAWADA ====================================================== Azad Yadav, Son of Late Kali Prasad Yadav, R/o Vill. - Dwara, P.s. - Sitamarhi, District - Nawada.

....... Petitioner

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-11-2015 This is an application for grant of regular bail in favour of the petitioner who is an accused in connection with Special Pocso Case No. 15 of 2015 arising out of Narhat (Sitamarhi) PS Case No. 76 of 2015 for the alleged offences under Sections 341, 354B of the Indian Penal Code and Section 3(I)(X)(XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Section 18 of the POCSO Act.

The petitioner is in custody since 21.7.2015. Learned counsel for the petitioner submits that it is an out and out malicious case and the FIR has been instituted against the petitioner as he was objecting to the alleged victim girl, using his field for defecating.

Considering the nature of allegation and submission as above, this application is allowed.

Patna High Court Cr.Misc. No.47577 of 2015 (2) dt.04-11-2015 2/2 Let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Nawada, in Special Case No. 15 of 2015 arising out of Narhat (Sitamarhi) PS Case No.76 of 2015. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T