Awadhesh Yadav @ Awadhesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13612 of 2017 Arising Out of PS.Case No. -168 Year- 2016 Thana -WAINA District- NALANDA (BIHARSHARIFF) ======================================================

1. AWADHESH YADAV @ AWADHESH KUMAR YADAV, Son of late Indar Yadav, resident of village-Eksara, P.S.-Ben, District-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP Mr. Amrendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 12-04-2017 Counter Affidavit filed on behalf of the informant be kept on record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State as well as counsel for the informant. The Petitioner seeks bail in Ben P.S. Case No.168 of 2016 instituted for the offence under Section(s) 341, 323, 354-B, 307, 324 Indian Penal Code.

There is allegation against the petitioner that on the pretext of giving lift to the informant, he took her to Bear Factory then she got suspicious. He pressed her mouth and attempted to commit illegal act with her. She raised halla and then he assaulted her with knife causing injury on her face.

Patna High Court Cr.Misc. No.13612 of 2017 (4) dt.12-04-2017 2/2 Case diary was called for, which has been received. Injury Report is mentioned in para 41 of the case diary, wherein, the doctor has found simple injury on her person and final opinion was kept reserved till the report of the X-ray. From the case diary, it appears that charge-sheet has been submitted but no further Injury Report has come. Counsel for the Informant has submitted that the victim lady has given statement under Section 164 Cr. P.C., wherein, she has supported the allegation.

Keeping in view the nature of injury, as mentioned in the Injury Report, and the period spent by the petitioner in custody, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Ben P.S. Case No.168 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) JA/- U T