Patna High CourtCR. MISC./41619/2019allowed

Birbal Yadav v. The State Of Bihar

2019-07-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41619 of 2019 Arising Out of PS. Case No.-61 Year-2016 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Birbal Yadav S/o Ram Nath Yadav R/o village- West Kargahiya, P.S.- Bettiah Town, District- West Champaran 2.

Ranjeet Rabert S/o Rabert Kerolin R/o village- Christan Quarter Bettiah Town, Ward No. 8, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Adya Singh, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioners and learned learned Additional Public Prosecutor for the State. The petitioners are in custody in connection with Tr. No. 3812 of 2018 arising out of Bairiya P.S. Case No. 61 of 2016 for the offenses under Sections 384 and 387 of the Indian Penal Code.

The allegation in this case is demand of Rangdari. Learned counsel for the petitioners submits that petitioner No. 2 has no criminal antecedent. Against the petitioner No. 1 there is case in which he is on bail. He further submits that allegation of demand of Rangdari is specifically against Rajendra Yadav. The petitioners were not named in the

Patna High Court CR. MISC. No.41619 of 2019(2) dt.05-07-2019 2/2 FIR. Their names surfaced on the basis of confessional statement which was obtained by the police by using third degree.

Considering the fact that the petitioners were not named in the FIR for demanding Rangdari, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate IV, Bettiah (West Champaran) in connection with Tr. No. 3812 of 2018 arising out of Bairiya P.S. Case No. 61 of 2016.

(Anil Kumar Upadhyay, J) spandey/- U T