Raj Kumar Yadav @ Apin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3685 of 2017 Arising Out of PS.Case No. -239 Year- 2015 Thana -DHAMDAHA District- PURNIA ====================================================== Raj Kumar Yadav @ Apin Yadav, Son of late Dhaneshwar Yadav, Resident of Village- Bishanpur, P.S.- Dhamdaha, District- Purnea. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhola Prasad, Advocate Mr. Mukesh Kumar Jha, Advocate For the Opposite Party : Smt. Anita Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 376, 511 and 201/34 of Indian Penal Code and Section 8 of POCSO Act.

It has been submitted on behalf of the petitioner that First Information Report has been lodged after delay of three weeks. This petitioner has been implicated due to enmity. From the written report itself, it appears that there is allegation against this petitioner that he took the minor daughter of informant, namely, Guddi Kumari and removed her pant and attempted to commit illegal act with her. In the written report the date of occurrence is said to be 29.07.2015, wherein FIR has been

Patna High Court Cr.Misc. No.3685 of 2017 (2) dt.06-02-2017 2/2 lodged on 22.08.2015 after delay of three weeks. Moreover, there is mere allegation against the petitioner that he attempted to commit illegal act with the daughter of the informant. Petitioner is in custody since 04.01.2017 and he has no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge -cum- Special Judge, Purnea, in connection with Special Case No. 47 of 2015 arising out of Dhamdaha P.S. Case No. 239 of 2015, subject to the condition that both the bailors will be the close relative of the petitioner. (Sanjay Priya, J.) ravi/- U T