Patna High CourtCR. MISC./21848/2017bail granted

Pramod Yadav @ Pramod Kumar Yadav v. The State Of Bihar

2017-05-16Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.21848 of 2017 (2) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21848 of 2017 Arising Out of PS.Case No. -118 Year- 2013 Thana -PURNEA SADAR District- PURNIA ====================================================== Pramod Yadav @ Pramod Kumar Yadav, son of Upendra Yadav, R/o Village- Damka, P.s.- Sadar, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2017 Heard both sides.

The petitioner seeks bail in Sadar P.S. Case No. 118/2013, registered for the offences punishable under Sections 376 and 34 of the Indian Penal Code and section 4 of the P.O.C.S.O. Act.

The informant alleged that while his daughter was picking woods Jamil Ali committed rape with her. Jamil Ali continued to have physical relation with his daughter on the pretext of marriage. On 30.03.2013 his daughter became traceless. During the course of search, his daughter was found in a brothel. The daughter of the informant disclosed on 30.03.2013 Jamil and Pramod Kumar took her on a rickshaw.

Learned counsel for the petitioner submits that from the

Patna High Court Cr.Misc. No.21848 of 2017 (2) dt.16-05-2017 contents of the F.I.R. it appears that the petitioner did not even touch the body of the victim. The occurrence took place on 30.03.2013 when victim became traceless. The victim was found on 01.04.2013, but the F.I.R. was lodged on 07.04.2013. Even before 30.03.2013 Jamil Ali is said to have committed rape with the victim. The victim did not make any allegation against the petitioner. The petitioner is in jail since 22.12.2016. Considering the facts aforesaid and the fact that the victim did not make any specific allegation against the petitioner, the petitioner above-named, is directed to be enlarged 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 Ist-cum-Special Judge, Purnea in connection with Sadar P.S. Case No. 118/2013.

(Prabhat Kumar Jha, J.) Vinita/- U T