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Patna High CourtCR. MISC./59913/2021bail granted

Nanhak Yadav @ Munna Yadav @ Munna Kumar v. The State Of Bihar

2022-05-11Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59913 of 2021 Arising Out of PS. Case No.-190 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== Nanhak Yadav @ Munna Yadav @ Munna Kumar Son of Raghunandan Yadav @ Raghunath Yadav R/o Village - Gaji Karma, P.S.- Kasma, District - Aurangabad (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-05-2022 Heard counsel for the parties.

The petitioner is in judicial custody in connection with Rafiganj P.S. Case No. 190 of 2021 longed under sections 341, 323, 354, 354B, 427 and 304/34 of the Indian Penal Code. The allegation in the FIR is that while the informant was returning to her village on a shared auto after getting treatment of her daughter (aged about 5 months). The accused persons who were sitting beside her tried to molest her and in the process the baby child fell down on the ground. Complication arose and subsequently she died in the clinic of Dr. Javed, Rafiganj.

Learned counsel for the petitioner submits that neither he had molested the lady nor he had any intention to throw the

Patna High Court CR. MISC. No.59913 of 2021(4) dt.11-05-2022 2/2 baby child from the auto. However, for the lapses, he has already suffered and is in jail since 5.7.2021 (as stated in para-7 of the bail application).

Taking into account the aforesaid facts that the petitioner herein is in jail since 5.7.2021, he does not have any criminal antecedent (as stated in para-3 of the bail application) and charge-sheet has already been submitted, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S. 190 of 2021.

(Rajiv Roy, J) Ravi/- U T