Patna High CourtCR. MISC./32451/2019bail granted

Umesh Yadav v. The State Of Bihar

2019-07-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32451 of 2019 Arising Out of PS. Case No.-45 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== UMESH YADAV S/o Late Puran Yadav @ Ganeshi Yadav R/o Mai Tautir, P.S.- Moffasil, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Muffasil P. S. Case No. 45 of 2018 instituted for the offence under Section(s) 366A/34 of the Indian Penal Code. Later on Sections 323, 342, 376 of the I.P.C. was added and Section 8 of POCSO Act. In the written report it is alleged that daughter of informant had gone to Mela and she did not return. The informant learnt that she has been kidnapped by Sintu Kumar. It is further alleged that informant went to house of Sintu Kumar but, the petitioner who was father of Sintu Kumar did not give any information. It is further alleged that victim girl was recovered from house of this petitioner from a closed room. The victim girl has given her statement U/s 164 Cr.P.C., which

Patna High Court CR. MISC. No.32451 of 2019(3) dt.17-07-2019 2/2 is annexed as Annexure-3 to bail petition, wherein, she has not levelled any allegation of overt act against this petitioner. In fact, she has not stated in her statement U/s 164 Cr.P.C. that she has been recovered from the house of this petitioner. Petitioner is in custody since 5.12.2018 having no criminal antecedent.

Considering the aforesaid, 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 Spl.Judge (POCSO Act)-cumA.D.J. 1st, Munger, in connection with Muffasil P. S. Case No. 45 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T