Jagdish Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.25450 of 2017 (3) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25450 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -RAGHOPUR District- SUPAUL ====================================================== Jagdish Yadav, Son of Late Duthar Yadav, Both Resident of VillageThalha, P.O.-Hulash, P.S.-Raghopur, District-Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Raghopur Police Station Case No. 14 of 2017, disclosing offences under Sections 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, earlier the victim in her statement recorded under Section 161 Cr.P.C. has not disclosed the name of the petitioner but in her statement recorded under Section 164 Cr.P.C completely changed her earlier version and falsely implicated this petitioner. As matter of fact, the occurrence took place on 20.01.2017 but the F.I.R. has been

Patna High Court Cr.Misc. No.25450 of 2017 (3) dt.07-07-2017 lodged on 26.01.2017 after lapse of six days without explaining plausible delay. The victim has also solemnized marriage with Shankar Yadav according to Hindu Rites, which is evident from Annexure-4. The petitioner has no concern with the alleged occurrence. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Birpur, Supaul, in connection with Raghopur Police Station Case No. 14 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T