Dukhit Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.51052 of 2015 (2) dt.05-02-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51052 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Dukhit Yadav, son of Ram Babu Yadav, Resident of Village- Pikpahiya, P.S.- Ara Muffassil, District- Bhojpur at Ara (Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate. For the Opposite Party/s : Mr. Ram Shankar Das(Spl.APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Ara Muffassil P.S. Case No. 16 of 2015 registered under Sections 376, 504 and 506/34 of the Indian Penal Code and Sections 3(i)(x)/3(i)(xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that informant made allegation against Lakhan Yadav and Gorakh Yadav to commit rape forcibly but later on, due to dirty village politics, she appeared before the court and stated in her statement recorded, under Section 164 of the Cr.P.C., about committing rape by this petitioner. It is further
Patna High Court Cr.Misc. No.51052 of 2015 (2) dt.05-02-2016 submitted that petitioner has no criminal antecedent and is in custody since 31.08.2015.
Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Muffassil P.S. Case No. 16 of 2015. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T