Bindeshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3525 of 2022 Arising Out of PS. Case No.-188 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== 1.

BINDESHWARI YADAV Son of Late Saryug Yadav Resident of Village - Barauni , P.s. - Teghra, Dist.- Begusarai.

2.

NEEIAM DEVI W/o Bindeshwari Yadav Resident of Village - Barauni , P.s. - Teghra, Dist.- Begusarai.

3.

SHYAM SUNDER YADAV @ SHYAM SUNDAR SINGH @ SHYAM SUNDAR KUMAR Son of Banti Singh Resident of Village - Barauni , P.s. - Teghra, Dist.- Begusarai.

4.

SIYARAM YADAV @ SAYA RAM YADAV Son of Late Sagar Yadav Resident of Village - Barauni , P.s. - Teghra, Dist.- Begusarai. 5.

DHIRAJ YADAV Son of Sri Arjun Kapar @ Arjun Yadav Resident of Village - Harangi Tola , P.s. - Maheshkunt, Dist.- Khagaria. 6.

KHUSHBOO DEVI W/o Dhiraj Yadav Resident of Village - Harangi Tola , P.s. - Maheshkunt, Dist.- Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-11-2022 Supplementary affidavit on behalf of the petitioners has been filed today. Let the same be kept on record. Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Parbatta P.S. Case no. 188 of 2020 instituted for the offence under Sections 366(A), 363/34 of the Indian Penal

Patna High Court CR. MISC. No.3525 of 2022(6) dt.16-11-2022 2/3 Code.

As per allegation in the FIR, while daughter of the informant went to Madriya bazar for purchasing vegetable and she did not return then all of his family members started to search her. On next morning they came to know that accused Sanjeet Kumar in connivance with the petitioners had enticed her away.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. There was love affair between the petitioner and daughter of the informant. It appears from order dated 18.08.2022 that victim girl has stated that she was in love with co-accused Sanjeet Kumar and out of her own sweet will, she has solemnized marriage with him and out of the said wedlock, she is blessed with a child, of which Annexure-A, annexed with supplementary affidavit is supportive document. All the petitioners are family members of main accused, Sanjeet Kumar. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner

Patna High Court CR. MISC. No.3525 of 2022(6) dt.16-11-2022 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Parbatta P.S. Case no. 188 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Khagaria subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U