Patna High CourtCR. MISC./10948/2016bail granted

Raju Yadav v. The State Of Bihar

2016-03-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10948 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Raju Yadav son of Sri Nandu Yadav, Residence of Village- Champ, Police Station- Pachrukhi (Sarai O.P.), District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Prasad Yadav For the Opposite Party/s : Mr. Chandra Bhushan Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 366A/376 of the Indian Penal Code and Sections 6/8 of POCSO Act.

In the first information report, the informant stated that petitioner took her on false promise of marriage and petitioner and one co-accused, Vidya Yadav committed rape on her but subsequently, she was dropped at her home by the aforesaid persons. In course of investigation, the statement of informant was recorded under Section 164 of the Cr.P.C. but in the aforesaid statement, she completely changed the story and stated that it were Rajaram, Sharal and Vidya who took her forcibly and committed

Patna High Court Cr.Misc. No.10948 of 2016 (2) dt.09-03-2016 2/2 rape on her and so far as petitioner is concerned, he did nothing with her rather he was forcibly taken away by the aforesaid persons.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge,-cum-Special Judge, Siwan in connection with POCSO Trial No. 40 of 2015 arising out of Siwan Mahila P.S. Case No. 38 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T