Patna High CourtCR. MISC./20111/2019bail granted

Lallan Yadav v. The State Of Bihar

2019-04-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20111 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- BUXAR District- Buxar ====================================================== 1.

LALLAN YADAV S/o Late Sheo Kumar Yadav, Resident of VillageBudhanpurva, Ward No.- 16, P.S.- Buxar (Nagar), District- Buxar. 2.

Buchan Devi, W/o Lallan Yadav, Resident of Village- Budhanpurva, Ward No.- 16, P.S.- Buxar (Nagar), District- Buxar. 3.

Guddu Kumar @ Guddu S/o Lallan Yadav, Resident of VillageBudhanpurva, Ward No.- 16, P.S.- Buxar (Nagar), District- Buxar. 4.

Dipak Yadav @ Dipak S/o Lallan Yadav, Resident of Village- Budhanpurva, Ward No.- 16, P.S.- Buxar (Nagar), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Roy For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 366(A)/120(B) IPC registered in connection with Buxar (Nagar) P.S. Case No. 92/2019.

3. It is submitted that the petitioners have been falsely implicated as evident from the statement of the so-called victim girl recorded under Section164 Cr.P.C. wherein she has stated that co-accused Sonu Kumar had taken her away forcibly and proposed marriage, but upon her refusal he brought her back without misbehaving with her. The petitioners have been implicated merely because they are variously related to the said co-accused Sonu Kumar. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of

Patna High Court CR. MISC. No.20111 of 2019(2) dt.04-04-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Buxar, in connection with Buxar (Nagar) P.S. Case No. 92/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner nos. 1,3 and 4 shall remain physically present and the petitioner no. 2 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T