Vijay Yadav vs The State Of Bihar on 10 March, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.2264 of 2011
                                        VIJAY YADAV
                                               Versus
                                   THE STATE OF BIHAR
                                      ---------

03/ 10.03.2011 Heard learned counsel for the petitioner as well as learned

P.P. for the State assisted by the learned counsel for the complainant.

Earlier petitioner as well as one co-accused Dharmendra

Yadav had filed Cr. Misc. no. 21722/2010 for relief of anticipatory

bail but the aforesaid criminal miscellaneous case was dismissed by

this court holding that anticipatory bail application was not

maintainable in the case of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act but this court also observed in the

above stated order that the circumstances placed before this court at

the time of hearing of the above stated criminal miscellaneous case

can be heard at the time of consideration of regular bail if it is filed on

behalf of the petitioner.

Although there is allegation against the petitioner and co-

accused Dharmendra Yadav that they committed rape on the

complainant but the contention of the learned counsel for petitioner is

that above stated complaint case has been brought by the complainant

at the behest of one Sunil Singh who happens to be Mukhiya of the

concerned block.

It is pointed out by the learned counsel for the petitioner that

petitioner had filed several complaint petitions against aforesaid

Mukhiya as a result of which aforesaid Mukhiya set up the

complainant and got filed above stated complaint case.
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On the other hand, learned counsel appearing for the

complainant vehemently opposes the prayer for bail pointing out that

not only the complainant but witnesses also supported the

complainant’s case in course of enquiry and furthermore, medical

evidence also corroborates the version of the complainant.

Taking into consideration above stated submissions as well

as observations made by this court in order dated 16.7.2010 passed in

Cr. Misc. no. 21722/2010, let the petitioner Vijay Yadav be released

on bail on furnishing bail bond of Rs 10,000/- with two sureties of the

like amount each to the satisfaction of Sri Sanjeev Kumar, Judicial

Magistrate, Biharsharif, Nalanda in connection with Complaint Case

no. 1321C of 2009.

shahid                                          (Hemant Kumar Srivastava,J)