Nand Kishore Yadav @ Nandu @ Nandu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26387 of 2019 Arising Out of PS. Case No.-279 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== NAND KISHORE YADAV @ NANDU @ NANDU KUMAR YADAV Son of Pradeep Rai Resident of Village - Sabali Khajuhatti, P.S.- Baikunthpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Baikunthpur Police Station Case No. 279 of 2018, disclosing offences punishable under Sections 376-DA of the Indian Penal Code and Section 4, 6, 8 and 10 of the POCSO Act. The victim is said to be 15 years of age. There is allegation against the petitioner of having ravished her. Learned counsel, appearing on behalf of the petitioner, has submitted that the First Information Report has been registered five days after the alleged date of occurrence without any reasonable explanation, which castes serious doubt over the case of the prosecution. It has also been argued that till date the victim has not been examined under Section 164 of the Criminal Procedure Code nor she has been medically examined.

Patna High Court CR. MISC. No.26387 of 2019(2) dt.23-04-2019 2/2 Learned counsel for the petitioner has further argued that there is no chance of the petitioner fleeing from the course of investigation or trial and his implication is because of animosity arising out of political rivalry.

Considering the facts and circumstances, as noted above, this application is allowed.

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 the learned Additional Sessions Judge-I, Gopalganj in connection with Baikunthpur Police Station Case No. 279 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T