Chhotan Yadav @ Chotan Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1397 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -TEKARI District- GAYA ======================================================
1. Chhotan Yadav @ Chotan Yadav, Son of Lakhan Yadav,
2. Saryu Yadav @ Sarju Yadav, Son of Nathun Yadav, Both Resident of Village- Dariyapur, P.S.- Tikari, District- Gaya. .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Sanjeev Kumar, Adv. For the Respondent/s : Sri Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 This appeal is for grant of regular bail in connection with Tikari (Panchanpur O.P.) P.S. Case No. 113 of 2017 registered for the offence under section(s) 341, 323, 337, 147, 149, 354(A), 504, 509 of the Indian Penal Code, section 8 of the POCSO Act and section (s) 3 (i) (r) (s) W(ii) 2 of the SC/ST Act. Submission of the learned counsel for the appellants is that there is no allegation of outraging the modesty of the daughter of the informant or any others and the appellants are in custody for more than three months.
Heard learned Special Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, this appeal is allowed and the impugned order is set aside.
Patna High Court CR. APP (SJ) No.1397 of 2017 (3) dt.01-07-2017 2/2 Let the appellants, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge (POCSO)-cum-A.D.J-I, Gaya/Successor Court in connection with Tikari (Panchanpur O.P.) P.S. Case No. 113 of 2017, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The appellants will not induce any witness or tamper with the evidence.
(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine rhyme or reasons, the prosecution will have liberty to move for cancellation of their bail.
(Vinod Kumar Sinha, J) Mahesh/- U T