Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30215 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -PHULPARAS District- MADHUBANI ====================================================== Sunil Yadav, Son of Ram Prasad Yadav @ Rama Yadav, resident of Village Saini Laksena, P.S.- Phulpras, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and the learned Special Additional Public Prosecutor appearing for the S.C./S.T. Act.

The petitioner is apprehending his arrest in connection with Phulparas P.S. Case No.29 of 2015 for allegedly having committed the offence under Sections 341, 323, 456, 504, 376, 511 of the Indian Penal Code and Section 3(x)(xii) of the S.C. & S.T. (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that the entire case is false and fabricated and the provisions of the S.C./S.T. Act have been added only to make the offence graver, though the same is not at all attracted. It is submitted that, admittedly, the occurrence has taken place inside the house of

Patna High Court Cr.Misc. No.30215 of 2015 (3) dt.27-10-2015 2/2 the informant and that there is no independent witness to support the case.

Considering the nature of allegations made and the material which has surfaced in the case diary and also the fact the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned S.D.J.M., Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No.29 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T