Pinku Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40826 of 2022 Arising Out of PS. Case No.-504 Year-2017 Thana- DHANARUA District- Patna ====================================================== PINKU YADAV S/O LATE VIJENDRA YADAV Resident of VillageOriyara, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Munni Kumar Moon For the Opposite Party/s :

Mr. J.N.Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 457, 387, 386, 376 and 511/34 of the Indian Penal Code registered in connection with Dhanarua P.S.Case No. 504 of 2017.

As per allegation, the present petitioner and coaccused persons entered into the house of the informant. They outraged the modesty of the informant and they also insisted her

Patna High Court CR. MISC. No.40826 of 2022(2) dt.03-11-2022 2/3 mother to hand over Rs. 2,00,000/- which was revived by her father in advance for selling his land.

The learned counsel for the petitioner has submitted that there is previous enmity between the parties. Even the statement of the informant under Section 164 of the Cr.P.C. has not been recorded and on similar footing co-accused Guddu Yadav has been granted bail by the court below itself. The petitioner is in custody for more than one year. Considering the above facts and circumstances, let the petitioner, above-named, 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 SDJM, Masaurhi in connection with Dhanarua P.S.Case No. 504 of 2017, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and

Patna High Court CR. MISC. No.40826 of 2022(2) dt.03-11-2022 3/3 the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T