Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17948 of 2020 Arising Out of PS. Case No.-143 Year-2018 Thana- NARHATT District- Nawada ====================================================== SANJAY YADAV S/o Late Shree Narayan Yadav Resident of VillageTaropur, P.S.- Narhat, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 341, 323, 354(B), 504, 34 of the I.P.C. and 8 of the POCSO Act. Informant is the uncle of the victim, who has alleged in his written complaint that on 12.06.2018 at about 5:00 AM when his niece Soni Kumari and Anu Kumari had gone outside of the house to attend the call of nature, FIR named accused including petitioner pulled down them on the ground and tried to commit rape and outraged her modesty. On alarm being

Patna High Court CR. MISC. No.17948 of 2020(2) dt.05-06-2020 2/3 raised by her, he reached there and save her and petitioner and other co-accused fled away. Thereafter informant went to the house of petitioner where petitioner and other co-accused assaulted him.

It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case. There is land dispute between the parties. It has been further submitted that all the accused persons are family members. Petitioner is in custody since 22.01.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Narhat P.S. Case No. 143 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without

Patna High Court CR. MISC. No.17948 of 2020(2) dt.05-06-2020 3/3 proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) veena/rajivU T