Mithlesh Yadav @ Loha Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.29750 of 2015 (2) dt.29-07-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29750 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -FATEHPUR District- GAYA ====================================================== Mithlesh Yadav @ Loha Yadav S/o Late Ram Briksh Yadav, resident of village- Shila, P.S.- Fatehpur, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv. For the State : Mr. Ambika Bhagat (Spl.PP) For the Informant : Mr. Deepak Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.
2. The petitioner apprehends his arrest for the offences alleged under Sections 342, 323, 324, 389, 376, 511, 504, 509 of the Indian Penal Code and Section 3(i)(xi) of the SC/ST Act registered in connection with Fatehpur P.S. Case No. 48 of 2015.
3. It is submitted that the petitioner has been falsely implicated and there is no eye witness to the alleged occurrence. Even on the averments in the F.I.R., there is no whisper to constitute the ingredients of offence under SC/ST Act. There is no injury report to corroborate the accusation of assault.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.29750 of 2015 (2) dt.29-07-2015 circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 48 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J) Md. Ibrarul/- U T