Patna High CourtCR. MISC./74500/2019bail granted

Nawal Yadav @ Nawal Kumar v. The State Of Bihar

2020-03-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74500 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- MAHILA PS District- Jehanabad ====================================================== NAWAL YADAV @ NAWAL KUMAR Son of Shidheshwar Yadav Resident of Village-Pipra, P.S.-Makhdumpur, District-Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 376 of the Indian Penal Code. Prosecution case in short is that while the informant (victim) went out to attend the call of nature, the petitioner committed rape upon her forcibly.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-06-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The police after investigation submitted charge sheet for the offence under Section 376/511 of

Patna High Court CR. MISC. No.74500 of 2019(3) dt.05-03-2020 2/2 the Indian Penal Code. There is no medical report in support of the allegation made in the FIR. Due to village politics, the petitioner has been implicated in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 41 of 2018.

(Sudhir Singh, J) A.K.V.//- U T