Shashinath Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28446 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Shashinath Upadhyay, son of Late Sarbajeet Upadhyaya, Resident of village Mathiya, Police Station- Ramgarh, District- Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-379, 354 & other minor sections of the Indian Penal Code and under Section-3/4 of POSCO Act.

The statement of victim was recorded u/S 164 of the Cr.P.C. in which, she stated that the petitioner asked her to keep his private part in her mouth and except the aforesaid allegation, there is nothing against the petitioner.

Submission on behalf of the petitioner is that the informant has brought this case on account of previous enmity. Although learned counsel for the informant opposed the prayer for bail of the petitioner but considering the above-said

Patna High Court Cr.Misc. No.28446 of 2016 (3) dt.30-09-2016 2/2 facts and circumstances of the case as well as period of detention of the petitioner in jail custody, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ramgarh P.S. Case No. 79 of 2016 to the satisfaction of learned Additional Sessions Judge-Ist-cum-Special Judge, POSCO, Kaimur at Bhabua.

(Hemant Kumar Srivastava, J) A.K.V./- U T