Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75203 of 2018 Arising Out of PS. Case No.-184 Year-2018 Thana- AMARPUR District- Banka ====================================================== Mahendra Yadav Son of Late Bhumneshwari Yadav Resident of VillageGalimpur, P.O. Baidachak, P.S. Amarpur Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Amarpur P.S. Case No. 184 of 2018 instituted for the offence under Section(s) 376/506 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence, this petitioner committed rape with informant while she had gone to ease herself along with her son, namely, Nitesh in the nearby field.

Learned counsel for the petitioner submits that victim girl has given her statement U/s 164 Cr.P.C., wherein, she has stated that occurrence has taken place near the tube-well. Learned counsel further submits that girl has been medically examined, wherein, the doctor has found no sign of injury or

Patna High Court Cr.Misc. No.75203 of 2018(3) dt.18-01-2019 2/2 struggle present on any part of the body.

The case diary has been received, wherein, the medical report as well as the statement of victim girl recorded U/s 164 Cr. P.C are available.

Petitioner is in custody since 11.5.2018.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Banka in connection with S.T. No. 277 of 2018 corresponding to Amarpur P.S. Case No. 184 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T