Ratnesh Kumar Yadav @ Manish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.49829 of 2017 (2) dt.18-10-2017 1/2

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49829 of 2017 Arising Out of PS.Case No. -75 Year- 2015 Thana -MAHILA P.S. District- MADHEPURA ====================================================== Ratnesh Kumar Yadav @ Manish Kumar, Son of Ramchandra Yadav, Resident of Village - Brahmottar, Navtolia Mahesua, Police Station Madhepura, District - Madhepura .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Shamimul Hoda, Advocate For the Opposite Party : Mr. Nand Kishore Pd, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376(G), 506/34 of the Indian Penal Code and Section 4 of the POSCO Act. Two persons specifically named in the FIR, allegedly, committed rape against the informant. She could not identify the third person against whom there is no allegation of commission of rape.

Submission is that the petitioner is not named in the FIR and in view of the specific allegation against the named persons only, the petitioner deserves anticipatory bail. Let the petitioner, above named, in the event of his

Patna High Court Cr.Misc. No.49829 of 2017 (2) dt.18-10-2017 2/2 arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Mahila (Madhepura) Police Station Case No. 75 of 2015 corresponding to POCSO Spl. Case No. 01 of 2016/CIS No. 01 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T