IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3742 of 2011 OM PRAKASH YADAV Versus THE STATE OF BIHAR -----------
3 23.03.2011 Heard learned counsel for the petitioner as well as
learned counsel for the state.
Petitioner is languishing in jail custody since
03.05.2010 in connection with Thakraha P.S. Case No. 22 of
2010 registered under section-376 and other minor sections of
the Indian Penal Code as well as various provisions of SC & ST
(Prevention of Atrocities) Act.
The informant has stated in her fardbeyan that on
03.04.2010 , the petitioner entered her house and committed
rape on her but in course of investigation, at Paragraph-3, she
stated that there was physical relationship with petitioner since
last one year and on account of aforesaid physical relationship,
she became pregnant and when she disclosed the aforesaid
fact to the petitioner, the petitioner gave a medicine for her
abortion. The informant further stated in her further statement
that she, herself consumed the aforesaid medicine as a result
of which, miscarriage was done and thereafter she disclosed
the above-said fact to her parent resulting the institution of the
Learned counsel for the petitioner points out that the
above-said statement of informant clearly suggests this fact that
she was consenting party and at the time of above-said
occurrence, she was major as is evident from perusal of report
of Medical Board.
Although learned counsel for the state opposes the
prayer for bail but he fairly conceded this fact that the informant
has completely given a go-by to her previous statement in the
statement recorded in course of investigation.
Considering the aforesaid facts and circumstances as
well as materials available in the case diary, let the petitioner,
namely, Om Prakash Yadav be released on bail on furnishing
bail bond of Rs 10,000/- (ten thousand) with two sureties of the
like amount each in connection with Thakraha P.S. Case No. 22
of 2010 to the satisfaction of Additional Chief Judicial
Magistrate, Bagaha, West Champaran.
AKV/- (Hemant Kumar Srivastava,J.)