Ramjeet Yadav @ Ranjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3257 of 2019 Arising Out of PS. Case No.-7 Year-2017 Thana- MAHILA PS District- Aurangabad ====================================================== RAMJEET YADAV @ RANJIT YADAV Son of Late Gumani Yadav Resident of Village - Saidpur, P.S.- Haspura, District - Aurangabad (Bihar) ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dhirendra Kumar Sinha For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 Earlier the prayer of the appellant for grant of bail was dismissed vide order dated 31.08.2017 passed in Cr. Appeal (SJ) No. 2510 of 2017 and allegation against the appellant is of assisting the co-accused of this case in committing rape upon informant.

Submission of learned counsel for the appellant is that the appellant has been in judicial custody for more than two years and there is no likelihood of conclusion of trial in near future and further there is no allegation against the appellant of committing rape on the informant rather it is alleged that he assisted other accused person in committing rape of the informant. Further submission is that similarly situated co-accused, namely, Chandan Yadav @ Chandar Kumar has already been enlarged on bail by this Court vide order dated 20.06.2019 passed in Cr. Appeal (SJ)

Patna High Court CR. APP (SJ) No.3257 of 2019(3) dt.18-09-2019 2/2 No. 2267 of 2019.

Heard learned Special P.P. also.

Having heard both sides, considering the period of incarceration of the petitioner and also the fact that similarly situated co-accused has been enlarged on bail, as such, this appeal is allowed and order dated 03.07.2019 passed by learned 1st Additional Sessions Judge -cum-Special Judge (SC/ST) Aurangabad is set aside, let the appellant above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (SC/ST), Aurangabad, in connection with Aurangabad Mahila P.S. Case No. 07 of 2017, subject to the condition that one of the bailors of the appellant would be his close relative having sufficient immovable property within the jurisdiction of concerned court below and further the appellant will cooperate in disposal of trial and make himself available on each and every dated as required by the learned Trial court, except on showing genuine reasons, failing which, the prosecution shall move for cancellation of his bail bonds . (Vinod Kumar Sinha, J) sunilkumar/- U T