Vinay Kumar Yadav @ Vinay Yadav @ Ram Vinay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11793 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== VINAY KUMAR YADAV @ VINAY YADAV @ Ram Vinay Yadav, Son of Ram Julum Yadav, Resident of Village - Itaharwa, PS- Bahera, DistrictDarbhanga. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13 Mr. Rohit Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-06-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bahera Police Station Case No. 256 of 2018, disclosing offences under Sections 376 and 511 of the Indian Penal Code. The allegation against the petitioner, on the basis of the written report of one Renu Devi, is that while her daughter, Daulat Kumari, aged about 14 years, was cooking food, the petitioner entered into the kitchen and forcibly tried to commit rape, upon which she raised alarm and when the nearby persons reached there, the petitioner succeeded in fleeing away. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to

Patna High Court CR. MISC. No.11793 of 2019(4) dt.26-06-2019 2/3 land dispute inasmuch as Title Appeal No. 18 of 2014 is already pending between the parties, wherein the father of the petitioner is appellant no. 9 and one Rajgir Yadav @ Rajgeer Yadav is respondent no. 2, who is the father of the scribe Jai Jai Kumar, who had drafted the written report on behalf of the informant and has also signed on the written report which is the basis of registration of the present police case. He further submits that the said scribe had instigated the informant to lodge this false case.

Learned Additional Public Prosecutor opposed the prayer for bail and submits that some of the witnesses have alleged that the petitioner was involved in the alleged occurrence, whereas from paragraph 35 of the case diary, it appears that one of the independent witness has not supported the case of the prosecution.

After having heard learned Counsel for the parties and in the facts and circumstances of the case and the fact that scribe jai Jai Kumar has drafted the written report, I find it a fit case for grant of privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Vinay Kumar Yadav @ Vinay Yadav @ Ram Vinay Yadav, in the event of his arrest or

Patna High Court CR. MISC. No.11793 of 2019(4) dt.26-06-2019 3/3 surrender before the Court below within four weeks, 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 Additional Chief Judicial Magistrate, Darbhanga, in connection with Bahera Police Station Case No. 256 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √