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Patna High CourtCR. MISC./28428/2018bail granted

Shushil Yadav v. The State Of Bihar

2018-07-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28428 of 2018 Arising Out of PS.Case No. -231 Year- 2017 Thana -SIMRI District- BUXAR ====================================================== Shushil Yadav Son of Suresh Yadav @ Suresh Gop Resident of Village - Barka Rajpur, P.S. Simri, District Buxar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2018 Heard.

The petitioner seeks regular bail in connection with Simri P.S. Case No. 231 of 2017 for the offences punishable under Sections 363/366(A) of the Indian Penal Code. The allegation is regarding the accused persons having enticed the victim girl and taken her to Buxar where she was handed over to one co-accused Sonelal Choudhary who belongs to the same village and who is said to have thereafter taken away the victim girl to Surat and he is said to have established physical relationship with the victim girl. The learned counsel for the petitioner submits that even if the statement of the victim girl under section 164 Cr.P.C., made before the police is taken into account, it would be apparent

Patna High Court Cr.Misc. No.28428 of 2018 (5) dt.19-07-2018 2/2 that the allegations are merely towards the co-accused persons namely Sonelal Choudhary and he is already in custody, hence no prejudice would be caused if the petitioner is granted bail. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 23.03.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to 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 Chief Judicial Magistrate, Buxar in connection with Simri P.S. Case No. 231 of 2017.

(Mohit Kumar Shah, J) BTiwary/ Md. Rashid U T