Mohra Yadav @ Lalmohar Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.19230 of 2016 (3) dt.10-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19230 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -BIHRA District- SAHARSA ====================================================== Mohra Yadav @ Lalmohar Yadav son of late Buchai Yadav, resident of village Aran P.S. Bihra Dist. Saharsa.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. P.K.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Bihra P.S. Case No. 7 of 2016, disclosing offence under Sections 366(A) of the Indian Penal Code.
Learned counsel for the petitioner submitted that it is evident from the first information report and statement of the victim recorded under Section 164 Cr. P.C that the victim had come out of her house in the wee hours, voluntarily without any inducement. He has further submitted, referring to the report of the Doctor that no sign of sexual assault was found. He has also submitted that if the petitioner is granted anticipatory bail, there is no chance that he will flee away from course of investigation or trial.
Considering the above, this application is allowed. Let the
Patna High Court Cr.Misc. No.19230 of 2016 (3) dt.10-08-2016 petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Bihra P.S. Case No. 7 of 2016 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner, above named, shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prakash/- U T