Pawan Kumar @ Pawan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15903 of 2018 Arising Out of PS. Case No.-92 Year-2017 Thana- MAHILA PS District- Darbhanga ====================================================== Pawan Kumar @ Pawan Yadav, Son of Sita Ram Yadav, resident of Village/Mohallah- Ram Nagar (Amaithi), P.S.- Bahera, District- Darbhanga (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sunita Kumari, D/o Pulinder Paswan, Resident of Village Ram Nagar (Amaithi), P.S. Bahera, District Darbhanga.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra For the Opposite Party/s :
Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Mahila (Bahera) P.S. Case No.92 of 2017 registered under Sections 323, 341, 363, 376 and 34 of the Indian Penal Code. Allegation in brief is that the petitioner married with the prosecutrix in a temple and thereafter his brother-in-law, Pradeep Yadav, raped in his presence and was making an attempt to sell her to induct in the flesh trade. Learned counsel for the petitioner submits that the prosecutrix is a major lady, she herself has stated that she married with the petitioner and there is nothing to show that the
Patna High Court Cr.Misc. No.15903 of 2018(7) dt.12-07-2018 2/2 petitioner tried to sell her to induct in the flesh trade, the specific allegation of committing rape is against Pradeep Yadav. Learned counsel appearing on behalf of the informant also submits that the petitioner has not committed rape and the allegation is against Pradeep Yadav.
Having considered the aforesaid facts and circumstances, petitioner Pawan Kumar @ Pawan Yadav is directed to 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 learned S.D.J.M., Darbhanga in connection with Mahila (Bahera) P.S. Case No.92 of 2017. (Arun Kumar, J) S.KUMAR/- U T