Patna High CourtCR. MISC./47475/2024bail granted

Govind Yadav @ Govind Prasad Yadav v. The State Of Bihar

2024-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47475 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Govind Yadav @ Govind Prasad Yadav son of Ram Sharan Yadav VillageJatgir, Ps- Barachatti Dist- Gaya ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Geeta Devi wife of Krishna Paswan Village- Jaygir Ps- Barachatti DistGaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case No. 53 of 2024 dated 22.01.2024 registered for the offences punishable u/ss 341, 342, 354A, 504, 506 read with Section 34 of the Indian Penal Code and u/ss 8 and 12 of the POCSO Act and Section 3(i)(r), 3(1) (s), 3(2)(va) of SC/ST (PoA) Act.

3. As per the prosecution case, the petitioner is alleged to have tried to commit rape on the informant's daughter. When the victim raised alarm, some villagers assembled. Thereafter, the petitioner threatened the villagers to kill them with tangi and also hurled abuse by calling their caste name.

Patna High Court CR. MISC. No.47475 of 2024(2) dt.24-07-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of abusing against the petitioner and no member of public was present at the relevant point of time of the incident and hence, no offence under provisions of SC/ST Act is made out against the petitioner. The petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Barachatti P.S. Case No. 53 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T