Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46851 of 2019 Arising Out of PS. Case No.-244 Year-2012 Thana- AMARPUR District- Banka ====================================================== PANKAJ YADAV Son of Ravindra Yadav Resident of Village-Ghuthiyara, Police Station-Fullidumar, District-Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Amarpur (Fullidumar) P.S. Case No. 244 of 2012 registered for the offence punishable under sections 376, 511 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner, Kundan Yadav and others are said to have attempted to commit rape on the informant.

It is submitted by learned counsel for the petitioner that there is land dispute between the petitioner and husband of the informant. The petitioner is in custody since 27.03.2019 and has no criminal antecedent. It is further submitted that the case of the petitioner stands on similar footing to that of the co-

Patna High Court CR. MISC. No.46851 of 2019(3) dt.25-09-2019 2/2 accused, namely, Kundan Yadav, who has granted bail vide order dated 19.07.2019 passed in Cr. Misc. No. 43637 of 2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that similarly situated coaccused person has been enlarged on bail, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 244 of 2012.

(Partha Sarthy, J) sushma/- U T