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Patna High CourtCR. MISC./64369/2023bail granted

Anil Yadav v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64369 of 2023 In CRIMINAL APPEAL (SJ) No.463 of 2023 Arising Out of PS. Case No.-639 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Anil Yadav Son Of Hardeo Yadav Resident Of Village - Kajha Baniyapatti, Police Station - K. Nagar, District - Purnea ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Victim Girl Daughter Of Jageshwar Ram Resident Of Village - Daini Nursery Tola, Police Station - K. Nagar, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP, Mr. Binay Krishna.

The petitioner seeks bail in connection with K. Nagar P.S. Case No. 639 of 2022 registered for the offence under Sections 341, 376, 504/34 of the Indian Penal Code and Section 3(II)(V) SC/ST Act and Section 4/6 of the POCSO Act.

Patna High Court CR. MISC. No.64369 of 2023(4) dt.11-10-2023 2/3 As per the prosecution case, the allegation against the petitioner is that he has cooperated with Bechan Yadav who has committed rape with the alleged victim.

Learned counsel for the petitioner has submitted that the case was registered after two months and it has come during investigation that Bechan Yadav, Vivek Paswan and the alleged victim were caught with the girl by the villagers including the petitioner while they were indulging in various activities and because of the same, the petitioner has falsely been implicated in this case. The petitioner is in custody since 11.11.2022.

Considering the period of custody, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 8th Additional Sessions Judge-cum-Special Judge (POCSO Act), Purnea in connection with K. Nagar P.S. Case No. 639 of 2022.

The petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass

Patna High Court CR. MISC. No.64369 of 2023(4) dt.11-10-2023 3/3 appropriate order including cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) Guddu/- U T