Pappu Kumar Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.38401 of 2017 (3) dt.19-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38401 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================
1. Pappu Kumar Yadav son of Late Sitaram Yadav, resident of VillageNimej, Police Station- Brahampur, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rahul Nath, Adv For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
It happens to be a case of gang rape wherein the victim has named the Principal of the school as well as one Deepak, a covillager, though, she failed to disclose the name of other accused. During course of investigation, Deepak was apprehended and his inculpatory extra-judicial confessional statement is recorded under para-34 of the case diary wherein he has named the petitioner and others. Petitioner was apprehended and he also made inculpatory extra-judicial confessional statement under para-45. Victim's statement under Section 164 CrPC is recorded under para-60 of the case diary wherein she had identified the culprits by name as well as Deepak and Ganesh, Principal but failed to name others. Petitioner has not been put on TIP, though charge-sheet has
Patna High Court Cr.Misc. No.38401 of 2017 (3) dt.19-09-2017 already been submitted against him including that of Deepak. In the aforesaid facts and circumstances of the case, petitioner, Pappu Kumar Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge1st -cum- Special Judge, Buxar in POCSO Case No. 16/2017 arising out of Brahampur PS Case No. 167/2017. (Aditya Kumar Trivedi, J) perwez U T