Dinbandhu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1851 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================

1. Dinbandhu Yadav, Son of Mahadeo Yadav, Resident of VillageAuraiyan, Police Station-Chenari, District- Rohtas at Sasaram.

2. Sudhir Kumar Yadav @ Sudhir Yadav, Son of Sheo Bachan Singh Yadav, Resident of Village- Lanji, Police Station- Chenari, District- Rohtas at Sasaram.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Raghunandan Kumar Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 The appellants seek regular bail in connection with Chenari P.S.Case No.81 of 2017, registered for offences punishable under Section s 341, 354, 376 & 511/34 of the Indian Penal Code and Section 3(1)(w)(i) of SC/ST (POA) Act. Allegation against the appellants is that they tried to outrage modesty of the informant, knowing well that she belongs to S.C. and S.T. category.

It is submitted on behalf of the appellants that they are resident of same village and some dispute has arisen with respect to crossing out in the field with the informant. It is further submitted that the appellants are member of 'Swakshta Abhibhan'. The appellants are in custody for about three months.

Patna High Court CR. APP (SJ) No.1851 of 2017 (2) dt.04-07-2017 2/2 Heard learned Special P.P. also.

Having heard both sides in view of the above facts and circumstances, this appeal is allowed.

Let the appellants above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -Ist, Rohtas at Sasaram in connection with Chenari P.S.Case No.81 of 2017, after setting aside order dated 1.6.2017 passed by the learned Additional District & Sessions Judge - Ist, Rohtas at Sasaram in Chenari P.S.Case No.81 of 2017, subject to the following conditions:- (i) One of the bailors of the appellants shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The appellants will not induce any witness or tamper with the evidence.

(iii) The appellants shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of theri bail bonds.

(Vinod Kumar Sinha, J) chn/- U