Umesh Yadav @ Chaukidar Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71490 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- KANGLI District- West Champaran ====================================================== UMESH YADAV @ CHAUKIDAR UMESH YADAV Son of Late Ganesh Yadav R/v- Maswas, P.S.- Kangali, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP For the Informant :

Mr.Umesh Kumar Gupta, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 420, 313, 376(C), 506 of IPC. Allegation against the petitioner is that he along with other F.I.R. named accused persons committed rape upon the informant and petitioner threatened her to not disclose this to anyone.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not

Patna High Court CR. MISC. No.71490 of 2022(2) dt.14-03-2023 2/2 specific rather general and omnibus in nature. It is submitted that after investigation, police has filed the final form against the petitioner but differing with the same, the court below has taken cognizance in the matter. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that petitioner is the chowkidar, as such, he managed the entire case diary. Therefore, final form has been filed against the petitioner. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kangali P.S. Case No.43/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T