Rabindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61108 of 2019 Arising Out of PS. Case No.-53 Year-2007 Thana- KHUDAGANJ District- Nalanda ====================================================== RABINDRA YADAV Son of Late Baldev Prasad Resident of Village - Chhabilapur, P.S.- Chhabilapur, Dist.- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 376(2)(g), 120(B) of the Indian Penal Code.

The prosecution case in short is that the on the pretext of marriage, the accused person established physical relation with the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.7.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. Earlier, the petitioner was granted bail by a Co-ordinate Bench of this Court. The present

Patna High Court CR. MISC. No.61108 of 2019(2) dt.25-09-2019 2/2 case is a misuse of privilege of bail. The petitioner has gone for his livelihood outside the State. Therefore, proper pairvi was not made on his behalf in the Court below. The petitioner had no knowlede regarding the same.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned 1st Additional Sessions Judge, Hilsa, Nalanda in connection with S. Tr. No. 353 of 2009 arising out of Khudaganj P.S. Case No. 53 of 2007 with a condition that the petitioner has to present himself on each and every date fixed by the Trial Court. If the petitioner fails to appear in the Court below on two consecutive dates, the Court below will have liberty to cancel his bail bond and secure his attendance/appearance in accordance with law.

(Sudhir Singh, J) Pankaj/- U T