Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21993 of 2018 Arising Out of PS. Case No.-102 Year-2017 Thana- CHANAN District- Lakhisarai ====================================================== Sunil Kumar Yadav, Son of Mathura Yadav, Resident of Village-Etoun, P.S.- Chanan, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.01.2018 in connection with Chanan P.S. Case No. 102 of 2017 for offences punishable under Sections 341, 323, 376/511, 504, 506/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while she was sleeping in her house, the petitioner tried to commit rape and in the torch light it was found that three boys and father of the petitioner Mathura Yadav were standing outside.

It has been submitted by the learned counsel for the petitioner that he is innocent, there was a land dispute between the parties for which a false case has been lodged. He submits

Patna High Court Cr.Misc. No.21993 of 2018(2) dt.19-04-2018 2/2 that no overt act has been alleged to have been committed, charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is involved in one more case of similar nature.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate- Ist, Lakhisarai, in connection with Chanan P.S. Case No. 102 of 2017. (Nilu Agrawal, J) Rajesh/- U T