Patna High CourtCR. MISC./48912/2018bail granted

Bholi Yadav @ Chandan Yadav v. The State Of Bihar

2018-09-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48912 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- CHANDRADIP District- Jamui ====================================================== Bholi Yadav @ Chandan Yadav S/o Krishna Yadav @ Krishnanandan Yadav, R/o Vill.- Sanpo, P.S.- Chandradeep, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto For the Opposite Party/s :

Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Chandradeep P. S. Case No. 43 of 2018 instituted for the offence under Section(s) 307 and 376 Indian Penal Code.

Learned counsel for the petitioner has submitted that victim in her statement recorded under Section 164 Cr.P.C which is available at paragraph no. 54 of the case diary has stated that occurrence has taken place at 2 PM on 3.4.2018 whereas in her written report she has stated that occurrence is alleged to have taken place at 12 PM on 3.4.2018. It is further submitted that victim has stated her age in her statement under Section 164 CrPC. to be 30 years whereas in the FIR she has stated her age to be 20 years. In the statement recorded under

Patna High Court Cr.Misc. No.48912 of 2018(3) dt.25-09-2018 2/2 Section 164 Cr.P.C. the victim has alleged to have been ravished by the petitioner. But the injury report which is available at paragraph no. 48 of the case diary reflects that doctor has not found any injury on the person of the victim girl. The petitioner is said to be in custody since 25.4.2018.

Considering the aforesaid, 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 the ACJM 1st Class, Jamui in connection with Chandradeep P. S. Case No. 43 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T