Raj Kishore Yadav @ Bablu Kumar @ Bablu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.38611 of 2015 (3) dt.08-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38611 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Raj Kishore Yadav @ Bablu Kumar @ Bablu Yadav S/o Ram Ekbal Singh Resident of Village- Bhushulla, P.s Darihat, District Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rakesh Singh For the Opposite Party : Mr. Ram Shankar Das (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 27.05.2015 in a case instituted under Section 376 of the Indian Penal Code, Sections 6/7 of Protection of Children from Sexual Offences Act and Section 3(XI)(XII) of the SC/ST(Prevention of Atrocities)Act. As per allegation, it is a case of rape upon the victim girl who is aged about 13 years by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.05.2015. Petitioner has got no criminal antecedent. Chargesheet has been submitted in the case. There is no allegation of tampering with the evidence against the petitioner. From perusal of the Annexure-2 the medical

Patna High Court Cr.Misc. No.38611 of 2015 (3) dt.08-10-2015 examination of the victim, it appears that no positive finding in respect to rape has been given by the doctor. Petitioner has falsely been implicated in the present case due to village politics. It is further submitted that the petitioner may be released after completion of nine months from 27.05.2015.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and there is direct allegation against him.

Considering the aforesaid facts and circumstances, it is directed that the above named petitioner may be released on bail after completion of nine months in custody from 27.05.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Rohtas at Sasaram in connection with Darihat P.S.Case No.45 of 2015.

(Sudhir Singh, J) B.Kr./- U T