Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4936 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Mukesh Yadav, S/o Dayanand Prasad Yadav @ Chicho Yadav, resident of Village- Bijalpur, P.S.- Bihra, District- Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with POCSO - 15/16 (s) arising out of Bihra P.S. Case No. 60 of 2016 registered under Sections 376, 341, 323, 504, 506/34 of the I.P.C. and section 8 of the Protection of Children from Sexual Offences Act. Learned counsel for the petitioner submits that specific allegation is against co-accused Birjun Yadav. No statement of the victim was recorded under section 161 Cr. P.C. Victim took the name of this petitioner for the first time in her statement under section 164 Cr.P.C. whereas she did not name this petitioner in the first information report. It is submitted that petitioner has no criminal antecedent and is in custody since

Patna High Court Cr.Misc. No.4936 of 2017 (3) dt.03-04-2017 2/2 13.01.2016.

Having considered the facts and circumstances of the case, let the above named petitioner 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 Additional Sessions Judge I-cum-Special Judge, Saharsa in connection with POCSO - 15/16 arising out of Bihra P.S. Case No. 60 of 2016. (Arvind Srivastava, J) Manish/- U T