Sanjeev Kumar Yadav @ Sanjeev Yadav @ Matbar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20097 of 2016 Arising Out of PS.Case No. -58 Year- 2015 Thana -RAJNAGAR District- MADHUBANI ====================================================== Sanjeev Kumar Yadav @ Sanjeev Yadav @ Matbar Yadav son of Laxman Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Rajeev Nayen (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-05-2016 Vakalatnama is filed on behalf of the informant. Heard learned counsel for the petitioner and learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
None has seen the actual killing of the deceased but the informant suspected the role of F.I.R named accused Jitendra Kumar Yadav as the aforesaid co-accused Jitendra Kumar Yadav used to tease the deceased. In course of investigation, co-accused Jitendra Kumar Yadav was arrested and confessed his guilt disclosing this fact that petitioner as well as one co-accused Krishan Mohan Yadav had committed rape along with him upon the deceased and, after that, deceased was strangulated to death. Learned counsel for the petitioner submits that coaccused Krishan Mohan Yadav has already been granted privilege
Patna High Court Cr.Misc. No.20097 of 2016 (2) dt.09-05-2016 2/2 of bail vide order dated 28.04.2016 passed in Cr. Misc. No. 17620 of 2016 by a co-ordinate Bench of this Court and, furthermore, petitioner does not have any criminal antecedent. Learned counsel for the informant opposed the prayer for bail submitting that co-accused Jitendra Kumar Yadav narrated the entire episode and the petitioner had played an active role in the alleged crime.
Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge cum Special Judge, POCSO Act, Madhubani in connection with Rajnagar P.S.Case No. 58 of 2015.
(Hemant Kumar Srivastava, J) N.K/- U T