Patna High CourtCR. MISC./30678/2015bail granted

Sanjay Yadav v. The State Of Bihar

2015-10-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30678 of 2015 Arising Out of PS.Case No. -97 Year- 2015 Thana -BELAGANJ District- GAYA ======================================================

1. Sanjay Yadav Son of Sri Bachu Yadav resident of village - Reganiyadeeh, P.S. Sigori, Distt. - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Shekhar For the Opposite Party/s : Mr. Dr.Ravindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 341, 323, 376 and 504 of the I.P.C and sections 4 an 6 of POSCO Act, 2012.

Allegedly, the petitioner continuously exploited the victim girl sexually causing threats that he will kill her and her mother also as he had killed earlier her father and it is also alleged that the petitioner is indulged in dealing with the illegal fire arms. Submission is of false implication and that the victim girl has been examined under section 164 Cr.P.C. wherein she has stated that she is daughter of the petitioner and being instigated by Rupa Sinha she has given wrong statement before the uncle

Patna High Court Cr.Misc. No.30678 of 2015 (3) dt.30-10-2015 2/2 (police) and as a matter of fact she was not sexually assaulted. Further, the medical evidence also does not support regarding sexual assault, to which the learned A.P.P. does not oppose. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions JudgeCum- Special Judge (POSCO Act), Gaya in Belaganj P.S. Case No. 97 of 2015/ POSCO Case No. 43 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T