Dhirendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================

1. Dhirendra Yadav, Son of Raja Ram Singh, resident of Village- Rasulpur, P.S.- Rajpur, District- Buxar.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr. Sri Sadanand Paswan, Spl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The appellant seeks regular bail in Buxar (Mahila) P.S. Case No.43 of 2016 registered for the offence under Section 366, 376, 323, 506/34 of the I.P.C. and Section 3(xi) (xii) of the SC/ST(POA)Act.

Allegation against the appellant is of kidnapping and making physical relation with the informant. Submission of the learned counsel for the appellant is that there is allegation that the victim girl was in the captivity of the appellant/accused person since 15.5.2016 to 7.7.2016. But the appellant has stated on oath in supplementary affidavit that she had appeared in the examination of B.A. (Hons.) Part-I held on 21.6.2016, 24.6.2016 and 27.6.2016,i.e., in between the aforesaid

Patna High Court CR. APP (SJ) No.2 of 2017 (5) dt.12-10-2017 2/2 period and he is in custody for more than two months. Further submission is that she was also a consenting party. She is aged 20 years.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, appeal is allowed. Let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Buxar, in Buxar (Mahila) P.S. Case No.43 of 2016 subject to the conditions that (1) one of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(2) The appellant will not induce any witness or tamper with the evidence. (3) The appellant shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) AnilKrSinha/- U