Dinesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.17654 of 2018 (3) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17654 of 2018 Arising Out of PS.Case No. -69 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Dinesh Yadav, S/o Late Jagdish Yadav, Resident of village- Kodbadih, P.S. Jhajha, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Soni Shrivastava, Advocate For the State : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard counsel for the petitioner and APP for the State. Petitioner is an accused in a case registered for offence under section 376 of the IPC.

Having no criminal antecedent the petitioner has been implicated in this case and he is in custody since 18.3.2017 it is submitted on behalf of the petitioner that the informant was used by a local Mukhia to settle score in the locality. In support of the submission, learned counsel for the petitioner hs drawn attention of the Court upon Annexure 2, another similar FIR lodged by the informant against another co-villager. Medical evidence does not corroborate the allegation made in the FIR and there is unnatural delay in lodging of the FIR.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be

Patna High Court Cr.Misc. No.17654 of 2018 (3) dt.03-05-2018 released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III, Jamui in Sessions Trial No. 167 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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