Vijay Kumar Yadav @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31483 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== Vijay Kumar Yadav @ Vijay Kumar, aged about 19 years, Gender, male, Son of Nathuni Yadav, Resident of Village - Chandanpura, P.S.- Tilauthu, Distt - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-08-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 376/34 of the Indian Penal Code and Sections 67/67(A) of I.T. Act.

Informant is the mother of victim who in her written complaint has stated that her daughter while going to attend call of nature was intercepted by two F.I.R. named accused and, thereafter, they misbehaved with her and also prepared a video and showed it to villagers and society. On the basis of such written complaint dated 17.10.2018, F.I.R. was instituted under Sections 376/34 of the Indian Penal Code and Sections 67/67A

Patna High Court CR. MISC. No.31483 of 2019(4) dt.17-08-2019 2/3 of IT Act. It has been submitted that during investigation, statement of victim was recorded by the investigating officer in which she has stated that petitioner and other accused committed rape with her, however, it has come that victim refused her medical examination. No obscene video was recovered. Charge-sheet has already been submitted against the petitioner and he is in custody since 16.10.2018 having no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Tilauthu P.S. Case No. 78/18 with following 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the

Patna High Court CR. MISC. No.31483 of 2019(4) dt.17-08-2019 3/3 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) Sanjay/- U T