Shivnath Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10613 of 2019 Arising Out of PS. Case No.-108 Year-2018 Thana- PIPRAHI District- Sheohar ====================================================== Shivnath Kumar Yadav S/o Dewendra Rai @ Devendra Ray Resident of Village- Abhirajpur Bairiya, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks regular bail in connection with Piprahi PS case no. 108 of 2018 registered for the offence punishable under Sections 241, 366A/34 of Indian Penal Code. The allegation is regarding the petitioner and other co-accused persons having kidnapped the victim girl, however she was sent back to home by the said accused persons. The learned counsel for the petitioner, referring to the statement made by the victim girl under Section 164 Cr.P.C. before the Magistrate, has submitted that there is no allegation of the petitioner having established any sexual relationship with the victim girl or having raped her. It is further submitted that the said statement of the victim girl would show
Patna High Court Cr.Misc. No.10613 of 2019(2) dt.22-02-2019 2/2 that she was also the consenting party. Lastly, it is submitted that the petitioner is in custody since 11.01.2019. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Sheohar in connection with Piprahi PS case no. 108 of 2018. (Mohit Kumar Shah, J) rinkee/- U T