Sanjay Kumar Yadav @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45830 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- MAHILA P.S. District- Saharsa ====================================================== SANJAY KUMAR YADAV @ SANJAY YADAV Son of Shree Jageshwar Yadav Resident of village - Sahuria, P.S.- Sour Bazar, Dist.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar Jha For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 448, 341,, 323 and 376 of the Indian Penal Code.

The prosecution allegation, in short is that while the daughter of the informant was alone at her house, the accused person entered into her house and committed rape on her. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.4.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged date of occurrence is 2.2.2019 and the case was instituted on 9.2.2019.

Patna High Court CR. MISC. No.45830 of 2019(2) dt.24-07-2019 2/2 The delay has not been explained by the prosecution. In the medical report, the doctor has not found any sign of physical or sexual assault.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, J.M. 1st Class, Saharsa in connection with Saharsa Mahila P.S. Case No. 06 of 2019.

(Sudhir Singh, J) Pankaj/- U T