Vidyanand @ Vidyanand Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81843 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Vidyanand @ Vidyanand Yadav S/O Sukhdev Yadav R/O VillageMahkampur Bara, P.S- Ara Muffasil, Distt.- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Ara Mufassil P.S. Case No. 299 of 2023 for the offences registered under Section 376 D of the Indian Penal Code and Section 4 of the POCSO Act.
3. It is alleged in the prosecution case that on the date of occurrence at 10 AM informant went to tuition classes but she left the tuition one hour prior from the actual time and went to her friend Imran on his motorcycle. It is further alleged that while they reached near Bara Gaon, the petitioner along with other co-accused persons caught the informant and three of them committed rape. One co-accused is said to have made video of the alleged incident. Others were also present at the
Patna High Court CR. MISC. No.81843 of 2023(6) dt.05-01-2024 2/2 place of occurrence.
4. Learned counsel for the petitioner submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 05.12.2023 passed in Cr. Misc. No. 67199 of 2023. Petitioner has no criminal antecedent. He is in judicial custody since 13.07.2023.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Ara Mufassil P.S. Case No. 299 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T