Nageshwar Yadav @ Nageshwar Yadava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25381 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -NATWAR District- SASARAM (ROHTAS) ====================================================== Nageshwar Yadav @ Nageshwar Yadava, son of Mundrika Yadav @ Mundrika Singh, Resident of Village- Ahrawn, P.S. Natwar, DistrictRohtas at Sasaram. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Jai Prakash Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.03.2017 in connection with Natwar P.S. Case No. 01 of 2017 for the offences alleged under Sections 366A/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as evident from the statement of the so-called victim girl recorded under Section 164 of the Code of Criminal Procedure in which she has stated that she voluntarily married Balwant Yadav, younger brother of the petitioner. No allegation whatsoever has been made against the petitioner in such statement. The girl in question claims to be 19 years of age and her age has been assessed to be 18-19 years old as per the report of the Medical Board dated 17.04.2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 Sri Lal Bihari Paswan, learned Judicial Magistrate, 1st Class,

Patna High Court Cr.Misc. No.25381 of 2017 (3) dt.01-07-2017 2/2 Bikramganj (Rohtas) in connection with Natwar P.S. Case No. 01 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T