Chandra Shekhar Yadav@ Chand Shekhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41769 of 2015 Arising Out of PS.Case No. -269 Year- 2014 Thana -ROSERA District- SAMASTIPUR ====================================================== CHANDRA SHEKHAR YADAV@ CHAND SHEKHAR YADAV, son of Late Nunu Lal Yadav, resident of village-Dewanpur, P.S.-Rosera, Distt.- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Mushtaque Alam For the Opposite Party/s : Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 376 of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act.

Allegation against the petitioner is to have committed rape upon the informant.

It has been submitted on behalf of the petitioner that he is in custody since 26.6.2015. Chargesheet has been submitted in the present case. There is no allegation of tampering of evidence against the petitioner. Petitioner has falsely been implicated in the present case. There is admitted land dispute between the parties and in respect to that there is number of cases pending between the parties. From perusal of the medical report (Annexure-5) it would appear that doctor has found no spermatozoa. There is no positive finding given by the doctor with respect to the allegation made in the F.I.R.

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

Patna High Court Cr.Misc. No.41769 of 2015 (3) dt.30-10-2015 2 / 2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Rosera at Samastipur, in connection with Rosera P.S. Case no. 269 of 2014.

(Sudhir Singh, J) sudip/- U T