Mahendra Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.28556 of 2017 (2) dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28556 of 2017 Arising Out of PS.Case No. -318 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================
1. Mahendra Yadav S/o Late Mushahru Yadav, R/o Tiwari Tola Ward NO. 33 P.S. + District-Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Sinha For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Saharsa Sadar P.S. Case No. 318 of 2017, registered for the offences punishable under Sections 376, 511, 323, 506/34 of the Indian Penal Code.
Learned counsel for the petitioner refers the First Information Report and submits that informant has specifically alleged that one Prince Kumar who happened to be the brother of one of the friends of the victim girl had committed the overt act and had attempted to rape the victim girl. So far as the present petitioner is concerned the allegation against him is that this petitioner reached at the house of the informant and helped the victim boy in fleeing away from there. This petitioner told the
Patna High Court Cr.Misc. No.28556 of 2017 (2) dt.07-07-2017 informant that a decision will be taken in this regard in the Panchayat. The victim alleged that although she get running for justice to the Panches but ultimately she could not get it rather she was threatened by the father of the boy.
Learned counsel summits that in the present case final form has been submitted. and so far as the petitioner is concerned. charge-sheet has been filed against him under Section 323, 354, 504, 506 and 34 of the Indian Penal Code. The petitioner is in custody since 8.4.2017. Learned counsel further submits that petitioner has no criminal antecedent at this stage his custodial interrogation is not required.
Learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances of the case, particularly that the investigation is over, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 318 of 2017, subject to condition, as laid down under Section 437(3) of the Cr.P.C.
(Rajeev Ranjan Prasad, J) siddharth/- U T