Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1674 of 2017 Arising Out of PS.Case No. -206 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================
1. Rajesh Yadav son of Arjun Yadav, Resident of village - Biharaura, Police Station - Ramgarh Chowk, District - Lakhisarai. .... .... Appellant/s
Versus
1. The State of Bihar.
.... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ajay Mukherjee, Adv. For the Respondent/s : Sri Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2017 This appeal is for grant of regular bail in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 206 of 2017 registered for the offence under section(s) 366(A)/34 of the Indian Penal Code and section(s) 3 (2), (va) of the SC/ST (POA) Act. Submission of the learned counsel for the appellant is that as a matter of fact, the marriage in between the petitioner and victim-girl has already been solemnized and she has also supported the factum of marriage between the parties in her statement recorded under section 164 Cr.P.C. and the appellant is in custody for one and half 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
Patna High Court CR. APP (SJ) No.1674 of 2017 (2) dt.01-07-2017 2/2 impugned order is set aside.
Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Rs. Twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-cum-Special Judge SC/ST, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 206 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 rhyme or reasons, the prosecution will have liberty to move for cancellation of his bail.
(Vinod Kumar Sinha, J) Mahesh/- U T