Bisheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75712 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- MAHILA PS District- Jamui ====================================================== BISHESHWAR YADAV SON OF LATE SUKR YADAV RESIDENT OF VILL.- DUMARIATAND, P.S.- KHAIRA, DISTRICT- JAMUI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

LAXMI MANJHI D/O GANESH MANJHI RESIDENT OF VILL. DUMARIATAND, P.S. KHAIRA, DIST.- JAMUI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Raj For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A), 496, 376, 506/34 of the Indian Penal Code, Sections 4 and 6 of the POCSO Act and Sections 3(1)(r)(s)(w)(ii), 3(2)(va) of the SC/ST (POA) Act.

3. As per prosecution case, when the daughter of the informant went to defecate in Bahiyaar, the petitioner along with other co-accused persons abducted his daughter forcibly and put vermillion on her forehead. It is further alleged that the other coaccused Uchit Yadav took the victim to his sister's house and

Patna High Court CR. MISC. No.75712 of 2023(2) dt.29-11-2023 2/3 forcibly established physical relation with her and the coaccused person's family abused the victim by taking her caste name and ousted her from the house.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner rather the specific allegation against co-accused Uchit Yadav. There is no specific overt act against the petitioner and no complaint with regard to the physical assault, misbehave, physical abuse against the petitioner to the victim. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 05.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, SC/ST (POA) Act and

Patna High Court CR. MISC. No.75712 of 2023(2) dt.29-11-2023 3/3 POCSO Act, Jamui in connection with Jamui Mahila P.S. Case No. 60 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T