Patna High CourtCR. MISC./42148/2017bail granted

Dhaneshwar Yadav v. The State Of Bihar

2017-11-07Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.42148 of 2017 (4) dt.07-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42148 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -MAHILA PS District- KHAGARIA ======================================================

1. Dhaneshwar Yadav Son of Late Govind Yadav, R/o Village- Lewa, P.S.- Mahesh Khut, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Dular Sah For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07.11.2017 The petitioner seeks regular bail in connection with Mahila P.S. Case No. 30 of 2017, registered for offences punishable under Section 376, 313/34 of the Indian Penal Code. Allegation against the petitioner is of getting the pregnancy of the informant terminated.

It has been submitted on behalf of the petitioner that no allegation of rape has been levelled against the petitioner rather the same is on co-accused of this case and though there is allegation that he got the pregnancy of the informant terminated, however, there is no medical report available on report in support of this allegation. Further petitioner has been in judicial custody since 25.07.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.42148 of 2017 (4) dt.07-11-2017 bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Additional District Judge -1st cum Special Court, Khagaria, in connection with Mahila P.S. Case No. 30 of 2017,subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner 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 reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T