Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26277 of 2018 Arising Out of PS.Case No. -510 Year- 2013 Thana -BARACHATTI District- GAYA ======================================================

1. Birendra Yadav, son of Prasad Yadav, resident of Village- Nawadih, P.S.- Mohanpur, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barachatti (Mohanpur) PS case no. 510 of 2013 instituted for the offences punishable under Section 376 of Indian Penal Code and Sections 4, 6 and 8 of Protection of Children from Sexual Offence Act, 2012.

The allegation is regarding the accused person having committed rape on the informant.

The learned counsel for the petitioner submits that firstly, the FIR has been lodged after four days and secondly, the medical report does not support the allegation leveled upon the petitioner. The petitioner is stated to have a clean antecedent and

Patna High Court Cr.Misc. No.26277 of 2018 (4) dt.31-05-2018 2/2 he is languishing in custody since 15.12.2017. Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. 1st-cum-Special Judge (POSCO) Act, Gaya in connection with Barachatti (Mohanpur) PS case no. 510 of 2013.

(Mohit Kumar Shah, J) rinkee/- U T