Munarik Yadav @ Mundarik Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70899 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== MUNARIK YADAV @ MUNDARIK YADAV, Male, Aged about -41 years son of Bachchu Yadav, Resident of Village- Peerkhasarai, P.S. Khizersarai, Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No2 For the Opposite Party/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 354, 376, 506 of the Indian Penal Code and Section 4 of the POCSO Act and Section 3(1)(w)(ii) of the SC/ST Act.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 15.12.2019 whereas the complaint has been filed on 21.03.2019 after lapse of almost three months without explaining the plausible delay which creates doubt over the prosecution version. No medical
Patna High Court CR. MISC. No.70899 of 2019(3) dt.17-01-2020 2/2 report is available on record to support the allegation. The petitioner is rotting in custody since 23.03.2019. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, 1st -cumSpecial Judge, POCSO Act, Gaya, in connection with POCSO Case No. 29 of 2019 arising out of Khizersarai P.S. Case No. 77 of 2019.
(Arvind Srivastava, J) brajesh/- U T