Awdhesh Yadav @ Abdhesh v. The State Of Bihar

Patna High Court Cr.Misc. No.17679 of 2016 (2) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17679 of 2016 Arising Out of PS.Case No. -228 Year- 2015 Thana -BISFI District- MADHUBANI ====================================================== Awdhesh Yadav @ Abdhesh S/o Jogendra Yadav, R/o village-Bharwara, P.S. Singh Bara, District-Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav, Advocate. For the Opposite Party : Mr. Ram Bachan Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bisfi P.S. Case No.228/2015 registered under Sections 366 and 498 of the Indian Penal Code.

The accusation is that the second marriage of the daughter of the informant was performed with Sanjit Bhagat. After marriage, the informant took his daughter at his house and the younger brother-in-law of Sanjit Bhagat used to come at the house of informant and talked on mobile with his daughter. On 03.09.2015 in the morning, the daughter of the informant left the house without any information taking the ornaments and cloths from her house. The informant raised suspicion against the petitioner for enticing away his daughter.

The learned counsel for the petitioner submits that in

Patna High Court Cr.Misc. No.17679 of 2016 (2) dt.29-04-2016 fact there was love affair in between the petitioner and the daughter of the informant and she left her paternal house according to her own sweet will and reached at Delhi, where the petitioner used to do the job but due to some ulterior motive, the daughter of the informant, under pressure of the parents, gave her statement under Section 164 of the Cr.P.C. about her kidnapping by this petitioner. While F.I.R. itself shows that she left her house in the day without giving any information to her parents. Moreover, the age of the victim was about 18 years as detailed in her statement recorded under Section 164 of the Cr.P.C. The further submission is that the petitioner is in custody since 19.10.2015 and he has no criminal antecedent.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released 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 Additional Sessions Judge VII, Madhubani in connection with Sessions Trial No. 08/2016 corresponding to Bisfi P.S. Case No. 228 of 2015.

(Rajendra Kumar Mishra, J.) Amit/- U T