Patna High CourtCR. MISC./42743/2016bail granted

Lal Babu Yadav v. State Of Bihar And ANR

2017-05-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42743 of 2016 Arising Out of PS.Case No. -64 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lal Babu Yadav, son of Shambhu Yadav, rov Semuaapur Bankatwa, P.S. Paharpur, district East Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Guria Kumari, d/o Laxmi Sah, resident of Madhubani, Mohalla Sagar Ward No. 2, P.O. + P.S. Madhubani, district Madhubani .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : M/S Anuj Kumar & Javed Aslam, Advs. For the State : Mr. Arun Kumar, APP 82 For the informant : Mr. Ram Adya Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 376, 120B, 314, 316 and 317 of the Indian Penal Code.

The informant was in consensual sex with the petitioner though on the assurance of the petitioner to marry with her. Petitioner was allowed provisional bail on 09.02.2017 for settlement of dispute between the parties. The dispute could not be settled and the supplementary affidavit filed in pursuance of order, dated 09.02.2017, would reveal that since the prosecution demanded huge money for settlement of dispute the same could not be settled and the petitioner surrendered in this

Patna High Court Cr.Misc. No.42743 of 2016 (12) dt.15-05-2017 2/2 case and again is in custody since 24.03.2017. The record reveals that the petitioner was in custody since 29.06.2016 till release in pursuance of the order, dated 09.02.2017, and, thereafter, is in custody since 24.03.2017. The learned counsel for the informant opposed the prayer for bail.

Considering the period already undergone, the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Paharpur P.S. Case No. 64 of 2015 to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, or successor Court.

(Birendra Kumar, J) SA/- U √ T √