Patna High CourtCR. MISC./63430/2018bail granted

Niwas Yadav v. The State Of Bihar

2018-10-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63430 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -SONO District- JAMUI ====================================================== Niwas Yadav, Son of Sri Ramdev Yadav, Resident of Village-Kharik, P.S. Charkapathar, Distt.-Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sono P.S. Case No.45 of 2018 instituted for the offence under Section(s) 376 Indian Penal Code.

Counsel for the petitioner submits that petitioner is Dewar of the informant. The Complaint has been filed on account of land dispute. No medical examination of the victim was done.

In the complaint, it is alleged that on 10.09.2015 while the informant along with her daughter was returning to her house, the petitioner committed illegal act with her. The complaint has been filed on 14.09.2015, which was sent to P.S.

Patna High Court Cr.Misc. No.63430 of 2018 (2) dt.25-10-2018 2/2 under Section 156(3) Cr.P.C.

It has been submitted that Charge sheet has already been submitted by the police. There is no medical report of the victim.

Petitioner is said to be in custody since 04.08.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-1st Jamui, in connection with Sono P.S. Case No.45 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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