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Patna High Court - Orders

Binod Yadav vs The State Of Bihar on 14 November, 2014

Author: Akhilesh Chandra

Bench: Akhilesh Chandra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.26618 of 2014
                      Arising Out of PS.Case No. -63 Year- 2014 Thana -NARDIGANJ District- NAWADA
                 ======================================================
                 Binod Yadav, S/o Late Ruplal Yadav
                                                                     .... .... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :   Mr. Birendra Kumar, Advocate
                 For the State          : Mr. Ramshankar Das, Spl. P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                                                  ORAL ORDER


2   14-11-2014

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who apprehends his arrest in connection with a case registered for the offence punishable under Sections 376, 511 of the Indian Penal Code Section 3(X) (XI) of the SC/ST (Prevention of Atrocities) Act, is solitary named accused in this case with allegation of making unsuccessful attempt to outrage modesty of the widow informant.

Submission is of false implication at the behest of another. However, parties have entered into amicable settlement and due petition is on record of the Court below.

If it is so, in the event of informant appearing before the court below, on due identification, supports the factum of compromise and contents made therein with her free will and consent without any coercion and one of the elected local representative also stood as one of the bailors, in the event of his arrest or surrender before the court below within four weeks, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. Patna High Court Cr.Misc. No.26618 of 2014 (2) dt.14-11-2014 2/2

10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Nadirganj P.S. Case No.63 of 2014, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J) Ashwini/-

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