Dharmendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51276 of 2017 Arising Out of PS.Case No. -110 Year- 2017 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dharmendra Yadav son of Late Shivnath Yadav, resident of VillageNavganwan, Police Station- Yogapatti, District- West Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar No.-7, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 20.07.2017 in connection with Nautan P.S. Case No. 110 of 2017 for the offences alleged under Sections 366/34 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated as evident also from the deposition of the so-called victim girl recorded under Section 164 Cr. P.C. wherein she has categorically taken the stand that the case has been instituted by her husband was false and that she had left her matrimonial home voluntarily. Her age has been assessed as 25 years.
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/-
Patna High Court Cr.Misc. No.51276 of 2017 (2) dt.09-11-2017 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Betiah, West Champaran, in connection with Nautan P.S. Case No. 110 of 2017, on 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) Md. Ibrarul/- U T