Chandeshwar Yadav @ Chandrashekhar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65683 of 2018 Arising Out of PS.Case No. -3 Year- 2006 Thana -BAUNSI District- BANKA ====================================================== Chandeshwar Yadav @ Chandrashekhar Yadav S/o late Mahavir Yadav Resident of Village- Bhaluavadar, Police Station- Bounsi,District-Banka. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks bail in Bounsi P.S. Case No. 03/2006, registered for the offence punishable under Section 376 of the Indian Penal Code.
Allegation is of committing rape upon the informant. It has been submitted that petitioner has falsely been implicated in this case. There is delay of three days in lodging of F.I.R. for which informant did not give any plausible reason. Due to previous enmity false case has been lodged by the informant. Petitioner has no criminal antecedent. He is in custody since 24.04.2018.
Considering the facts aforesaid, the petitioner above-
Patna High Court Cr.Misc. No.65683 of 2018 (2) dt.06-11-2018 2/2 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Banka in connection with Bounsi P.S. Case No. 03/2006, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.
(3.) If the petitioner 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 petitioner.
(S. Kumar, J) Vinita/- U T