Domi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3021 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- BIHRA District- Saharsa ====================================================== DOMI YADAV Son of Late Anandi Yadav Resident of Village - Sattar , P.S.- Bihra, Distt.- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Bihra Police Station Case No. 215 of 2021, registered for the offences punishable under Sections 363/366-A/34 of the Indian Penal Code and Sections 8/10/12 of the Prevention of Children from Sexual Offences Act, 2012.

The prosecution case, as per the First Information Report, is that the petitioner is the father of co-accused Rajesh Yadav, who, along with the petitioner and other co-accused persons, abducted the minor daughter of the informant. Learned Counsel for the petitioner submits that the petitioner has been made accused in this case only because he happens to be the father of co-accused Rajesh Yadav, who was having love affair with the victim girl. He further submits that

Patna High Court CR. MISC. No.3021 of 2022(2) dt.26-05-2022 2/2 the petitioner is in custody since 23.10.2021, having no criminal antecedent, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that there is no allegation of physical abuse against the petitioner, the petitioner is the father of coaccused Rajesh Yadav, charge sheet has already been submitted and the petitioner is in custody since 23.10.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge -cumSpecial Judge, POCSO, Saharsa, in connection with Bihra Police Station Case No. 215 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √