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Patna High Court – Orders
Om Prakash Yadav vs The State Of Bihar on 23 March, 2011
                               Cr.Misc. No.3742 of 2011
                                 OM PRAKASH YADAV
                                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

instant case.

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.)

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