Pradeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15826 of 2024 Arising Out of PS. Case No.-37 Year-2021 Thana- MAHILA PS District- East Champaran ====================================================== Pradeep Yadav, S/O Inarman Yadav, R/O Village- Parsauna, Tapsi, P.SPalanwa, Distt.- East Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State. 2.

This is the second attempt on behalf of the petitioner for grant of bail in connection with Mahila Thana P.S. Case No.37 of 2021 registered for the offence punishable under Sections 376(D)(A),354-B, 341, 323 & 342 of the Indian Penal Code and under Sections 4, 6 & 10 of the POCSO Act. 3.

Earlier, the bail application of the petitioner was rejected by this Court vide order dated 14.07.2023 passed in Criminal Miscellaneous No.42410 of 2023 with an observation that the petitioner may renew his prayer for bail after the evidence of the victim girl is recorded.

4.

It has been submitted by learned counsel for the petitioner that the mother of the victim girl has been examined on 02.11.2023 and she has not supported the

Patna High Court CR. MISC. No.15826 of 2024(2) dt.01-03-2024 2/2 prosecution case and stated that her daughter has got married. It has also been submitted that the victim girl is not coming to the Court for her evidence though the case is being adjourned for the same.

5.

The petitioner is in custody since 10.05.2023.

6.

Considering the fact that the trial is being delayed by the prosecution and also considering the deposition of the mother of the victim girl, this application is allowed. 7.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional District & Sessions Judge-cumSpecial Judge, POCSO Act, East Champaran, Motihari, in connection with Mahila Thana P.S. Case No.37 of 2021, subject to the condition that he will cooperate in the trial and will appear personally or through his lawyer in the trial. (Sandeep Kumar, J) pawan/- U T