Munna Yadav @ Rambhaju Yadav @ Munna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70484 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== MUNNA YADAV @ RAMBHAJU YADAV @ MUNNA KUMAR YADAV, Son of Sukdev Yadav, Resident of Village - Ramsiriya Musahari Tola, P.S.- Malahi, Dist.- East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Jeet, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Govindganj (Malahi) P.S. Case No.38 of 2019, disclosing the offences under Sections 341, 323, 354(B), 504, 506 and 509/34 of the Indian Penal Code.

There is allegation in the First Information Report against the petitioner of having entered into the room where the informant was sleeping with her cousin and attempted to outrage her modesty. When the informant raised a cry, allegedly the petitioner fled away.

Learned counsel appearing on behalf of the petitioner has submitted that the date of occurrence as mentioned in the

Patna High Court CR. MISC. No.70484 of 2019(2) dt.27-11-2019 2/2 First Information Report is 01.02.2019 whereas the case has been registered on 11.02.2019. Inordinate delay in lodging of the First Information Report itself creates a serious doubt over the case of the prosecution.

In the facts and circumstances of the case, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, in connection with Govindganj (Malahi) P.S. Case No.38 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail Bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) S.Ali/- U T