Yogendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81356 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== YOGENDRA PRASAD S/o Late Nathuni Prasad R/o village- Karamwa, Ward No. 8, Kushwaha Tola, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 07.10.2019 in connection with Majhaulia P.S. Case No. 135 of 2019 for the offence registered under Sections 376, 511/34 of the Indian Penal Code and Section 7, 8 and 18 of the POCSO Act. Learned counsel for the petitioner submits that there is no specific allegation against the present petitioner but the allegation is against the son of the petitioner, namely, Sunil Kumar. It is further submitted that the only allegation against this petitioner is that when the victim girl and the informant went to complain about the act of his son, the petitioner became furious and started abusing and giving threatening. It is further submitted that the petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.81356 of 2019(2) dt.11-12-2019 2/2 the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge - 1st cum Special Judge, Bettiah, West Champaran in connection with Majhalia P.S. Case No. 135 of 2019, subject to the following conditions :-

1. One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.

2. The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

3. The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

4. The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Jagdish/- U T