Girdhari Yadav @ Sattan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41709 of 2024 Arising Out of PS. Case No.-32 Year-2023 Thana- MAHILA P.S. District- Banka ====================================================== Girdhari Yadav @ Sattan Yadav S/o Sanju Yadav @ Bhim Yadav R/o Vill - Navadih, P.S. - Anandpur (Chandan), Dist. - Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shobha Kumari D/O Late Kameshwar Yadav R/O Village Nanadih, P.S. Chandan, Distt-Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Pandey, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and Mr. Humayou Ahmad Khan, learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 376, 363 and 506 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The case of the prosecution is that the informant was sleeping with her mother on a cot. At 11:00 P.M., Girdhari Yadav (petitioner) entered in the house, covered her eyes and put handkerchief in her mouth. After that he took her to Deoghar on a bike threatening her of dire consequences. He then took her to Kolkata by train and kept her in a house, established physical relationship with her. When the social pressure was put on the petitioner, he brought the victim back on 23.11.2023.

Patna High Court CR. MISC. No.41709 of 2024(5) dt.23-01-2025 2/3

4. Learned counsel appearing on behalf of the petitioner has submitted that the occurrence is of 12.11.2023, whereas the FIR has been lodged on 28.12.2023. There is a delay in filing of the FIR. During course of investigation, the victim was recovered. She has given her statement under Section 164 Cr.P.C. wherein she has supported the FIR and has stated that the petitioner took her to Kolkata and put her there for a month. It is further alleged that the petitioner established forceful physical relationship with her. When she cried, she was being threatened of dire consequences. From the prosecution story itself it is clear that the victim was sleeping on the same cot with her mother and even her mother could not know about the occurrence before 28.12.

2023 whereas from perusal of the FIR itself it is clear that the victim was left at Navadih by the petitioner on 23.11.2023. The victim has further stated in her statement that the petitioner put her in a room at Kolkata for a month whereas from the FIR itself it is clear that after 11 days of the occurrence she was left to Navadih. Learned counsel further submits that there is dispute between the parties. The petitioner is a man of clean antecedent. The petitioner is in custody since 09.02.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.41709 of 2024(5) dt.23-01-2025 3/3 considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged 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 learned court of Additional Sessions Judge-6-cum-Special Judge POCSO Act, Banka in connection with Banka Mahila P.S. Case No. 32 of 2023.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T