Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17104 of 2019 Arising Out of PS. Case No.-90 Year-2017 Thana- KHUTAUNA District- Madhubani ====================================================== Mithilesh Kumar Yadav Son of Jeev Ranjan Yadav Resident of Village- Anhar Ban, P.S.- Laukaha, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 504, 363, 366(A) and 34 of the Indian Penal Code.

The prosecution case, in short, is that the daughter of the informant went for tuition and did not return and on enquiry, the informant was assaulted by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. On recovery, the victim girl made her statement under Section 164 Cr.P.C. in which she has made no allegation

Patna High Court CR. MISC. No.17104 of 2019(2) dt.28-03-2019 2/2 in respect of physical and sexual abuse against the petitioner. The matter has already been compromised which is apparent from the order of the Sessions Court.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 90/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T