Manu Yadav vs. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8259 of 2010

MANU YADAV, S/o Kabilas Yadav. Versus THE STATE OF BIHAR -----------

02. 10.03.2010 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offences under Section 366A of the Indian Penal Code.

Taking into consideration the fact that the victim girl did not allege any sexual assault upon herself by the present petitioner and there is material to suggest that in fact the victim was in love with coaccused, Dharmendra Yadav who had been implicated at an earlier point of time and it does not appear to be a case of kidnapping, let the petitioner above named who is in custody since 26.12.2009 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.-IV, Buxar in connection with S.Tr. No. 307 of 2009/19 of 2010 arising out of Dumraon P.S. Case No. 71 of 2009 subject to 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. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case of similar nature and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate

the proceeding for cancellation of bail on the ground of misuse.

Vikash/-

(Anjana Prakash, J.)