Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64539 of 2018 Arising Out of PS.Case No. -199 Year- 2018 Thana -JAYNAGAR District- MADHUBANI ====================================================== Umesh Yadav S/o Kapleshwar Yadav, Resident of Village- Padwa Belti Tola, P.S. Jay Nagar, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Adv. For the Informant : Mr. Gagan deo Yadav, Adv. For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Jay Nagar P.S. Case No. 199/2018, G.R. No. 33/18, registered for the offences punishable under Sections 376, 341, 323, 504 and 506 of the Indian Penal Code and section 4 of the P.O.C.S.O. Act.

Allegation is of committing rape upon the daughter of informant.

It has been submitted that petitioner has falsely been implicated in this case. As per medical report, there is no sign of rape or any external/internal injury. There is land dispute between the parties.

Petitioner has no criminal antecedent. He is in custody

Patna High Court Cr.Misc. No.64539 of 2018 (3) dt.05-11-2018 2/2 since 07.05.2018. Charges against petitioner has been framed under Section 376 and 511 of the Indian Penal Code. Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge Ist-cum-Special Judge, P.O.C.SO. Act, Madhubani in connection with Jay Nagar P.S. Case No. 199/2018 (G.R. No. 33/2018), subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T