Raushan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15136 of 2018 Arising Out of PS. Case No.-230 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== Raushan Kumar Yadav, son of Fuldev Yadav, resident of Village- Bholi Rahi Tole, P.S.- Ghoghardiha, District- Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate Mr. Pravin Kumar, Advocate For the State :

Mr. Ajay Kumar-I, APP For the Informant :

Mr. Ratnakar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Phulparas PS Case No.230 of 2017, registered under Sections 363, 302, 201, 354(b)/34 of the Indian Penal Code as well as under Section 8 of the POCSO Act.

It is submitted that the FIR is against unknown and the name of the petitioner transpired after seven days, the alleged occurrence is dated 08.09.2017, the FIR was lodged after three days and after four days the cousin sister of the deceased made confessional statement accepting illicit affair with the petitioner and alleged that petitioner and others have

Patna High Court Cr.Misc. No.15136 of 2018(3) dt.10-05-2018 2/2 killed the deceased after committing rape but except confessional statement of Santoshi Devi and the petitioner, there is no other material and the petitioner is in custody since 17.09.2017.

Having considered the aforesaid facts and circumstances, petitioner Raushan Kumar Yadav 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 learned Special Judge, POCSO Act-cum-1st Additional Sessions Judge, Madhubani in connection with Phulparas PS Case No.230 of 2017 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court as and when required and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled. (Arun Kumar, J) S.KUMAR/- U T