Ganga Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.1652 of 2017 (5) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1652 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -PIPRA District- PATNA ======================================================

1. Ganga Yadav Son of Devendra Yadav, Resident of Village- Brahampur, P.S. Pipara, District- Patna.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajendra Kishore Prasad For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 The appellant seeks regular bail in connection with Pipra P.S. Case No. 13 of 2017, registered for offences punishable under Section 341, 323, 504, 506, 376, 511 and 448 of the Indian Penal Code, Section 3(1)(X) and 3(I)(XI) SC/ST (POA) Act. Allegation against the appellant that he tried to commit rape on the informant and when the husband of the informant went to protest about the same, he was abused by the appellant by his caste name.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case due to some dispute between the parties. Moreover, he has been in judicial custody for last six months and has no criminal antecedent. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this appeal is allowed, let the appellant

Patna High Court CR. APP (SJ) No.1652 of 2017 (5) dt.10-08-2017 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 Special Judge, SC/ST, Patna, in connection with Pipra P.S. Case No. 13 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and 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