Ram Kumar Yadav @ Bauka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47992 of 2024 Arising Out of PS. Case No.-187 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Ram Kumar Yadav @ Bauka son of Lakhehwar Yadav Village- Bageva PsAndhramath Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with S.T. No. 183 of 2024 arising out of Andhramath P.S. Case No. 187 of 2023 instituted for the offences under Section 376, 511, 354(B) of the Indian Penal Code.

3. As per prosecution case, the accusation against the petitioner is of molesting as well as trying to commit rape upon the Informant when she was engaged in domestic work at her courtyard. It is alleged that when the Informant started shouting, the villagers came there and caught the accused/petitioner and informed the police.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47992 of 2024(3) dt.18-09-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to previous enmity with the Informant. He further submits that when the victim girl/Informant was sent for medical examination at Sadar Hospital, Madubani, she refused for the examination, stating before the Medical Board that no such occurrence has taken place with her. In the statement of the victim girl made under Section 164 Cr.P.C., she has stated about there being previous enmity persisting with the petitioner. The petitioner has altogether six criminal antecedents and is languishing in judicial custody since 02.12.2023 without any rhymes or reason. He further submits that the police after investigation submitted charge-sheet under Section 376, 511, 354(B) of the Indian Penal Code. Thereafter, the Magistrate took cognizance and committed the case to the Court of Sessions.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner,

Patna High Court CR. MISC. No.47992 of 2024(3) dt.18-09-2024 3/3 let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S.T. No. 183 of 2024 arising out of Andhramath P.S. Case No. 187 of 2023, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T