Patna High CourtCR. MISC./44184/2017disposed

Sujit Yadav @ Ranjit Kumar Yadav v. The State Of Bihar

2017-10-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44184 of 2017 Arising Out of PS.Case No. -142 Year- 2017 Thana -PHULPARAS District- MADHUBANI ====================================================== Sujit Yadav @ Ranjit Kumar Yadav, son of Ram Udgar Yadav, resident of village Kishanipatti, P.S. Phulparas, District Madhubani .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dileep Kumar Singh For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Phulparas P.S. Case No. 142 of 2017 registered for the offences punishable under Sections 341, 323, 366, 376, 338 and 308/34 of the Indian Penal Code.

Allegation as per FIR is that one co-accused Binod Yadav had kidnapped victim girl, assaulted her and committed rape upon her. Further allegation is that thereafter Binod Yadav called his Mama, Sujit Yadav (petitioner), who came on a Magic van, and informed him about the occurrence and she was boarded in the said vehicle and she was assaulted and threatened. It further appears that the girl has supported the prosecution case in her statement under Section 164 Cr.P.C.

Submission of learned counsel for the petitioner is that he

Patna High Court Cr.Misc. No.44184 of 2017 (3) dt.18-10-2017 2/2 has falsely been implicated in this case and at best there is allegation of assisting Binod Yadav against the petitioner and except that there is no allegation against him and he is in custody since 24.6.2017 having no criminal antecedent. Heard learned APP also.

Having heard both sides and in view of the allegation, I am not inclined to grant bail to the petitioner at this stage. However, once charge has been framed in this case, learned court below will release the petitioner on bail to its own satisfaction on the condition that petitioner will co-operate in disposal of trial.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U