Rupesh Kumar @ Manga Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1709 of 2023 Arising Out of PS. Case No.-704 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== RUPESH KUMAR @ MANGA YADAV Son of Khokha Yadav Resident of Village- Karela, P.S.- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 704 of 2021, registered for the offences punishable under Sections 341, 323, 354(B) of the Indian Penal Code, 1860 and under section 3(i)(r)(s)/ 3(2)(va) of the SC/ST Act, 1989. As per allegation, the petitioner outraged the modesty of daughter of the informant. He was teasing the daughter of the informant and on protest he assaulted the informant and his daughter with butt of gun and also abused by calling their caste name.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.1709 of 2023(2) dt.28-04-2023 2/2 that the petitioner is innocent and has falsely been implicated. He is under custody since 06.04.2022 which is more than a year. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI-cum-Special Judge (POCSO), Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No. 704 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/Sudha U T