Arjun Yadav @ Bhulawan v. The State Of Bihar

Patna High Court Cr.Misc. No.41140 of 2018 (4) dt.09-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41140 of 2018 Arising Out of PS.Case No. -6 Year- 2018 Thana -MASRAKH District- SARAN ======================================================

1. Arjun Yadav @ Bhulawan S/o Uma Raj, R/o Ghoghiyan, P.S.- Mashrakh, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. Mr. Awadhesh Kumar Singh, Adv.

For the Opposite Party/s : Mr. Sahailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 The petitioner seeks regular bail in connection with Mashrakh P.S. Case No. 6/2018, registered for offences punishable under Sections 302, 367, 120B, 201, 511/34 of the Indian Penal Code.

Allegation as per F.I.R is that minor daughter of the informant was missing and later on her dead body was recovered and police during course of investigation arrested one Vinod Singh, who confessed his guilt and also named the petitioner. It has been submitted on behalf of the petitioner that save and except the confessional statement of Vinod Singh, there is absolutely nothing against the petitioner to show his involvement in the offence. Further, he has no criminal antecedent and has been in judicial custody since 11.01.2018. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.41140 of 2018 (4) dt.09-10-2018 Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner 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 Special Judge, POCSO Act, Saran at Chapra, in connection with Mashrakh P.S. Case No. 6/2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioner 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.

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