Bhoshi Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2803 of 2017 (2) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2803 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -MAHILA THANA District- BEGUSARAI ======================================================

1. Bhoshi Yadav Son of Bisho Yadav, R/o Village- Madhurapur Bakhtar Asthan, P.S.- Teghra, District- Begusarai.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Prabhu Narayan Sharma For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 The appellant seeks regular bail in connection with Begusarai Mahila P.S. Case No. 09 of 2017, registered for offences punishable under Sections 376(G), 448, 506/34 of Indian Penal Code and Section 3(i)(x)(ii) of SC/ST Act. Prosecution case is that co-accused of this case committed rape on the informant and allegation against this appellant, who is father of the co-accused, is of threatening the informant to not lodge any case against the main accused persons. It has been submitted on behalf of the appellant that only general and omnibus allegations have been made against this appellant and no allegation or rape or abusing the informant has been levelled against the appellant. He has been in custody for last three months.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let

Patna High Court CR. APP (SJ) No.2803 of 2017 (2) dt.13-10-2017 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 1st Additional Sessions Judge-cum-Special Judge POCSO Act, Begusarai, in connection with Begusarai Mahila P.S. Case No. 09 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T