Abhay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26937 of 2017 Arising Out of PS.Case No. -112 Year- 2017 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Abhay Kumar Yadav Son of Bhagaya Narayan Rai, Resident of VillageBara Gardh Jatuwa, P.S. Chapra Mufassil, District Saran, Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 The petitioner seeks regular bail in connection with Chapra Muffasil P.S. Case No. 112 of 2017, registered for offences punishable under Sections 456, 342, 376, 511 and 307 of the Indian Penal Code.
Allegation against the petitioner that he tried to commit rape on the informant and on alarm being raised, persons assembled there and the petitioner assaulted one of the family members of the informant with iron rod on his head. It has been submitted on behalf of the petitioner that he has falsely been implicated, which will appear from the fact that it is alleged that petitioner assaulted one Ranjan with iron rod, however, injury was found to be simple in nature. Further submission of learned counsel for the petitioner that as a matter of
Patna High Court Cr.Misc. No.26937 of 2017 (2) dt.11-07-2017 2/3 fact that there was love affair between the girl and the petitioner and as she was caught, she raised alarm and petitioner was brutally beaten by the family members of the informant for which he has also filed a case against the informant. Further petitioner has been in custody since 29.03.2017.
Heard learned A.P.P. also.
Having heard both sides, in view of the facts as stated above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Bhagalpur, in connection with Chapra Muffasil P.S. Case No. 112 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence or will not try to threaten the informant or his family members.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and
Patna High Court Cr.Misc. No.26937 of 2017 (2) dt.11-07-2017 3/3 when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T