Ram Shankar Kumar Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.3155 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3155 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -SC/ST District- MADHEPURA ====================================================== Ram Shankar Kumar Yadav, Son of Buchchan yadav, Resident of Village - Hanuman Nagar, Chaura, P.S. Madhepura (Bharrahi O.P), District - Madhepura.

.... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Uday Chand Prasad For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The appellant seeks regular bail in connection with H.A. Case No. 291 of 2017, arising out of SC/ST (Madhepura) P.S. Case No. 31 of 2017 registered for offences punishable under Sections 341, 323, 354, 504/34 of the Indian Penal Code and Section 3(1)(s)/3(2)(v) of SC/ST (POA) Act.

Allegation against the appellant is of trying to outrage the modesty of the informant.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case and no case under Section 354 of Indian Penal Code is made out against the appellant as there is only allegation that appellant caught hold the hand of the appellant. Further appellant has been in judicial custody for last two months.

Heard learned Special P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let

Patna High Court CR. APP (SJ) No.3155 of 2017 (2) dt.14-11-2017 the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST Act, Madhepura, in connection with H.A. Case No. 291 of 2017, arising out of SC/ST (Madhepura) P.S. Case No. 31 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The appellant 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 bonds.

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