Baidya Nath Kumar Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.27280 of 2016 (3) dt.25-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27280 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -RUDRAPUR District- MADHUBANI ====================================================== Baidya Nath Kumar Yadav son of Sri Krishndeo Yadav resident of village Barsam PS Rudrapur Dist. Madhubani .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hriday Narayan Harshit For the Opposite Party/s :Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 25.07.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner is in jail custody since 9.1.2016 in a case registered under sections 366A, 120B of the Indian Penal Code. Petitioner is named in the first information report with accusation that he took minor girl of the informant but admittedly, in course of investigation, victim was recovered and her statement under section 164 Cr.P.C was recorded.
Although victim stated that she was taken away by the petitioner but she admitted in her statement that it was father of the petitioner who dropped her back at her home and after that her statement was recorded. Furthermore, it would appear from perusal of annexure 3 that Medical board found the victim aged about 17 years. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that victim
Patna High Court Cr.Misc. No.27280 of 2016 (3) dt.25-07-2016 has, nowhere, made complain of her sexual exploitation at the hand of the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri M. Mishra, Judicial Magistrate, Ist Class, Jhanjharpur District Madhubani in Rudrapur P.S. Case no. 03/2016. shahid (Hemant Kumar Srivastava,J) U T