IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.5264 of 2011 Gajendra Yadav @ Gojendra Mohan Yadav ..... Petitioner Versus The State of Jharkhand .... Opposite Party CORAM: HON'BLE MR. JUSTICE H.C. MISHRA For the Petitioner : Mr. Arvind Kr. Choudhary For the State : A. P.P. ----- 5/13.9.2011
Heard learned counsel for the petitioner and learned A.P.P. for the
Prosecution.
Petitioner has been made accused for the offence under Sections 376(2)
(g), 120B, 201 of the Indian Penal Code read with Section 3(x)of S.C. And S.T.
Act, in connection with Deoghar (Town) P.S. Case no. 268 of 2009, corresponding
to G.R. No. 764 of 2009.
Though the petitioner has been named in the FIR, but from the FIR it
appears that at the time commission of rape upon the informant, the petitioner was
not present at the place of occurrence and there is no allegation of rape against
the petitioner.
In the facts and circumstances of the case, I am inclined to release the
petitioner on bail. Accordingly, the petitioner Gajendra Yadav @ Gojendra Mohan
Yadav is directed to be released on bail, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction
of learned Chief Judicial Magistrate, Deoghar, in connection with Deoghar (Town)
P.S. Case no. 268 of 2009, corresponding to G.R. No. 764 of 2009.
(H. C. Mishra, J)
R.Kumar