Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30970 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- CHEWRA District- Sheikhpura ====================================================== Pawan Yadav, Son of Sri Baldeo Yadav, Resident of Village- Chewara, P.S.- Chewara, District- Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Prasad Singh For the Opposite Party/s :

Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Chewara P.S. Case No. 03 of 2018, registered for the offences punishable under Sections 363, 366(A), 376, 506 of the Indian Penal Code and Section 8 of the PASCO Act.

The allegation is regarding the petitioner having confined the victim girl and thereafter establishing physical relationship with her while the victim girl was being kept by the petitioner in his house. The learned counsel for the petitioner has submitted that the victim girl had consented to stay with the petitioner, which is apparent from her statement made under Section 164 Cr.P.C. and in fact, when her parents had come to the house of the petitioner, the victim girl had herself opened the door of the house and gone to her

Patna High Court Cr.Misc. No.30970 of 2018(4) dt.19-07-2018 2/2 residence with her parents. It is further submitted that the similar type of case was lodged earlier by the mother of the victim lady on one another person of the same village and the police has submitted final form in the said case, hence, the possibility of false implication of the petitioner in the present case cannot be ruled out. The petitioner is having a clean antecedent and he is languishing in custody since 03.02.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge 1st- Cum Special Judge, PASCO, Sheikhpura in connection with Chewara P.S. Case No. 03 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T