Sarjit Yadav @ Surjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15078 of 2019 Arising Out of PS. Case No.-30 Year-2013 Thana- MAHILA P.S. District- Banka * ====================================================== SARJIT YADAV @ SURJIT YADAV, S/o Nunman Yadav, resident of Dhobni, P.O.- Paprewa Khurd, P.S.- Katoriya, District- Banka. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Shashi Shekhar Kishore, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Mahila P.S. Case No.30 of 2013 instituted for the offence under Section(s) 376 Indian Penal Code.

Counsel for the petitioner submits that case been lodged on the basis of complaint filed by the Complainant, which was later on sent to Police Station under Section 156(3) Cr.P.C. Instant case is counter blast to the case filed by daughter-in-law of this petitioner against father-in-law of the present Informant vide Katoriya P.S. Case No.69 of 2013 and Katoriya P.S. Case No.119 of 2013.

There is allegation that in the night the petitioner entered into the house and committed rape with the informant.

Patna High Court CR. MISC. No.15078 of 2019(2) dt.12-03-2019 2/2 There is no mention of any date of occurrence in the written report.

Petitioner is in custody since 25.12.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Mahila P.S. Case No.30 of 2013, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T