Krishna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.739 of 2025 Arising Out of PS. Case No.-46 Year-2024 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Krishna Kumar Yadav S/o Bimlesh kumar Yadav @ Bimlesh Yadav Resident of village- Amritagarh, ward no. 2, P.S. - Sonbarsa Raj, Distt.- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Duro Devi W/o Late Gulab Gupta R/o vill - Amritagarh, ward no. 2, P.S. - Sonbarsa Raj, Distt.- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Sonbarsa Raj P.S. Case No. 46 of 2024, instituted for the offences punishable under Sections366(A), 341, 323 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner abducted minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.739 of 2025(3) dt.30-04-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of five days in lodging the FIR. There was love affair between the petitioner and the victim girl. The victim girl went herself with the petitioner on her own will. It is further submitted that the victim in her statement recorded under Section 164 of Cr.P.C. has not alleged any wrongful act against the petitioner. The petitioner is in custody since 02.04.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa Raj P.S. Case No. 46 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.739 of 2025(3) dt.30-04-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T