Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2728 of 2021 Arising Out of PS. Case No.-171 Year-2019 Thana- DHANAHA District- West Champaran ====================================================== RAJ KUMAR YADAV SON OF JIVDHAN YADAV Resident of Village - Semariya, P.S.- Dhanaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra, Advocate.

For the Opposite Party/s :

Mrs. Meena Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-07-2021 Let the defects be removed within four weeks of the start of the physical Court.

Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Sections 376, 341 and 323/34 of the Indian Penal Code.

Two full brothers are accused in this case. The petitioner bears allegation of commission of rape against a married lady, whereas brother of the petitioner is alleged to be helper of the petitioner.

The statement of the victim recorded under Section 164 Cr.P.C. would reveal that a day before the alleged occurrence, there was quarrel between the two families for some different reasons. The doctor has not found any sign of recent

Patna High Court CR. MISC. No.2728 of 2021(4) dt.26-07-2021 2/2 rape.

Considering entire facts for the purpose of consideration of prayer for bail, chances of false implication cannot be ruled out. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Dhanha P.S. Case No. 171 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T