Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5757 of 2025 Arising Out of PS. Case No.-398 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Raju Yadav (M), aged about 21 years, Son of Shankar Yadav Resident of Village - Sharwankhap, P.S. - Barachatti, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S. Jamil Akhter, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 137(2) and 87 of the BNS, 2023.

3. As per allegation in the FIR, it is a case abduction of the minor daughter of the informant by the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of suspicion. He next submits that accused persons and the victim were friends so from the number of victim mobile, it is not sure that the victim has been taken away by the petitioner as stated in para-7 of the petition. Petitioner is in custody since 02.09.2024

Patna High Court CR. MISC. No.5757 of 2025(3) dt.19-04-2025 2/2 and he has got no criminal antecedent as stated in para-3 of the petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary and impugned order dated 19.10.2024, it appears that during course of investigation, the victim returned with her own sweet will and she has been examined under Section 183 of the BNSS and her statement was recorded where she has stated that no allegation of sexual assault against the petitioner and noting about use any criminal force and she has further stated that she has gone with the petitioner with her own consent, so considering all aspects of the matter, I am inclined to grant bail to the petitioner.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Sherghati, District-Gaya in connection with Barachatti P.S. Case No. 398 of 2024. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T