Patna High CourtCR. MISC./52769/2018bail granted

Kundan Yadav v. The State Of Bihar

2018-10-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52769 of 2018 Arising Out of PS.Case No. -110 Year- 2017 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Kundan Yadav S/o Late Fani Yadav @ Late Phanilal Yadav, R/o Vill.- Guriya, Ward No. 14, P.S.- Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 The petitioner is in custody since 07.03.2018 in connection with Mahila (Madhepura) P.S. Case No. 110 of 2017, registered for offences punishable under Sections 448, 376/511, 354(B), 504 of the Indian Penal Code.

Allegation against the petitioner is of try to commit rape upon the informant and for saving herself, the informant assaulted the petitioner by rod and causing injury. Submission of learned counsel for the petitioner is that the buffalo of the informant has grazed the paddy of petitioner and when he went to complain about the same, he was assaulted and made accused in this case. Further submission is that there is delay in lodging the F.I.R. and the petitioner is in custody for seven months.

Heard learned A.P.P. also.

Having heard both sides and considering the

Patna High Court Cr.Misc. No.52769 of 2018 (3) dt.05-10-2018 2/2 aforementioned facts and circumstances, 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 S.D.J.M., Madhepura, in connection with Mahila (Madhepura) P.S. Case No. 110 of 2017, 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/Amjad/- U T