Sikandar Yadav @ Sikendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12748 of 2019 Arising Out of PS. Case No.-38 Year-2015 Thana- BARHARA KOTHI District- Purnia ====================================================== SIKANDAR YADAV @ SIKENDRA YADAV,l aged about 62 years, (M), Son of Late Uttam Lal Yadav, resident of village-Bithaili, Matnasa Tola, P.S.- Barhara, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Adv For the Opposite Party/s :

Mr.Uday Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 376, 511, 323 and 34 of the Indian Penal Code.

Informant in her written complaint has stated that on 10.02.2015 at about 3:00 p.m., she was sitting in her courtyard when accused persons including the petitioner came there with oblique motive and petitioner assaulted her by buttt of the pistol and co-accused Mithilesh Yadav and Tarni Yadav tried to strangulate her and on raising alarm her family members came there.

Patna High Court CR. MISC. No.12748 of 2019(2) dt.11-03-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Similarly placed co-accused has been granted bail by this court vide order dated 12.07.2018 passed in Cr. Misc. No. 39803 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Barhara P.S. Case No. 38 of 2015, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be

Patna High Court CR. MISC. No.12748 of 2019(2) dt.11-03-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T