Umesh Yadav @ Tinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42337 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -ITARHI District- BUXAR ====================================================== Umesh Yadav @ Tinku Yadav, S/o Mohan Yadav, Resident of VillageItarhi, P.S. Itarhi, Distt- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Digvijay Kumar Ojha For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 341, 324, 376 and 379 of the Indian Penal Code. Allegation against the petitioner is to have committed rape upon the informant and also taken her Mangal Sutra. It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is in custody since 15.1.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. From perusal of the medical examination report of the victim it would appear that no spermatozoa was found either alive or dead. There is no positive finding given by the doctor in respect to the allegation made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond

Patna High Court Cr.Misc. No.42337 of 2015 (4) dt.23-11-2015 2 / 2 of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Itarhi P.S. Case no. 10 of 2015.

(Sudhir Singh, J) sudip/- U T