Hukumdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83987 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- BIRAUL District- Darbhanga ====================================================== HUKUMDEO YADAV Son of Pano Yadav Resident of Village- Kodhli, P.S.- Biraul, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Biraul PS Case No. 75 of 2018 registered under Sections 366, 341, 323, 307/34 of the IPC. Prosecution case in the FIR alleges that the petitioner has induced informant's sister and took her to Delhi. It also alleges that under pressure she was brought back by the petitioner whereafter the informant sent his sister to live with the petitioner where it is alleged that she was assaulted and thereafter abandoned. Counsel for the petitioner submits that even as per allegations made in the FIR offence under Section 366 IPC would not be made out as FIR alleges that the informant had himself sent his sister with the petitioner. It is submitted that the injury report (Annexure 4) does not corroborate the offence under Section 307 IPC. Submission is of false implication. The petitioner has no criminal antecedent and he is in custody since 25.10.2019. Learned APP opposes the prayer for bail.

Considering the aforesaid submissions the petitioner's prayer for bail is allowed. Let the petitioner above named be released

Patna High Court CR. MISC. No.83987 of 2019(2) dt.16-01-2020 2/2 on bail on his furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Biraul in Biraul PS Case No. 75 of 2018 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T