Manna Yadav @ Mannad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36071 of 2023 Arising Out of PS. Case No.-63 Year-2022 Thana- AMDABAD District- Katihar ====================================================== Manna Yadav @ Mannad Yadav S/O Bihari Yadav @ Bihari Jadab R/O Village-Banku Tola, P.S.-Amdabad, Dist.-Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 376, 504, 506 and 34 of the Indian Penal Code subsequently, charge-sheet has been submitted under Sections 376D, 504, 506/34 of the IPC and Section 67A if the I.T. Act. As per FIR, the allegation against the accused person including this petitioner is that on pistol point, they committed rape with the informant and made video of the occurrence and threatened her that, if she will disclose about the occurrence they will viral the video.

Patna High Court CR. MISC. No.36071 of 2023(3) dt.03-08-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant is a married lady and both parties are neighbour and due to land dispute the petitioner has falsely been implicated in this case. The F.I.R. has been lodged after delay of about 13 days without given any cogent reason which raises suspicion of the alleged occurrence. The petitioner has no concern with the alleged occurrence and he has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 13.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amdabad P.S. Case No. 63 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.36071 of 2023(3) dt.03-08-2023 3/3 Sessions Judge-I, Katihar.

(Sunil Kumar Panwar, J) Manishkumar/- U T