Arbind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21175 of 2024 Arising Out of PS. Case No.-210 Year-2023 Thana- CHANDAN District- Banka ====================================================== ARBIND YADAV SON OF NARESH YADAV RESIDENT OF GOURA TOLA, NANHUKURA, POLICE STATION - CHANDAN (ANANDPUR), DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Chandan (Anandpur) P.S. Case No. 210 of 2023, registered for the offences punishable under Sections 376, 506 of the IPC and sections 4 and 6 of the POCSO Act.

3. Supplementary affidavit has been filed on behalf of the petitioner and the same is kept on the record.

4. As per allegation, the petitioner took away the daughter of the informant by tying dupatta on her mouth and committed rape upon her. Further, the petitioner threatened the victim to kill her family members had she narrated the incident to anyone.

Patna High Court CR. MISC. No.21175 of 2024(7) dt.22-08-2024 2/3

5. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per medical report, no external or internal injury was found on the person of the injured. He has submitted further that six years prior to the occurrence, the father of informant namely Jageshwar Yadav has also lodged Chandan (Anandpur) P.S. Case No. 53 of 2016 against the petitioner and his family members in which he has made allegation that the petitioner and his family members assaulted him and co-accused Naresh Yadav and Sahdev Yadav of that case had snatched a golden locket from his neck. He has also submitted that there was previous enmity between the parties and it was the reason that the petitioner has falsely been implicated in this case. The petitioner is under custody since 31.12.2023.

6. On the other hand, the learned APP for the State has opposed the prayer for bail.

7. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Banka in

Patna High Court CR. MISC. No.21175 of 2024(7) dt.22-08-2024 3/3 connection with Chandan (Anandpur) P.S. Case No. 210 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T