Patna High CourtCR. MISC./34921/2014dismissed

Sushil Yadav v. The State Of Bihar

2015-01-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34921 of 2014 Arising Out of PS.Case No. -255 Year- 2013 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sushil Yadav Son of Vishambhar Yadav, Resident of village- Khatori, P.S.- Ram Nagar, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Raj Kishor Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2015 Heard both sides.

The petitioner seeks bail in Ram Nagar P.S. Case No. 255 of 2013 registered under sections 366A/34 of the Indian Penal Code.

The informant alleged that Surya Devi, Rinta Devi and petitioner Sushil Yadav kidnap to his minor daughter Sobina Khatoon.

Learned counsel for the petitioner submits that the informant is not an eye witness to the occurrence. Nobody has seen the petitioner taking the victim. The petitioner disclosed that he was taking his sister. During the course of investigation non of the witness disclosed that the petitioner was

Patna High Court Cr.Misc. No.34921 of 2014 (3) dt.19-01-2015 2/2 taking Sobina Khatoon . On mere suspicion the petitioner is in jail since 22.01.2014. On perusal of the record it appears that the informant made the allegation that the petitioner took her minor daughter on a cycle towards Bhairoganj. The witness namely Tabrej Ansari in paragraph six disclosed that there was a Panchayati and Sushil Yadav the petitioner disclosed that he will bring the victim within a week. Mukesh Yadav has said that the petitioner was taking away the victim on cycle. The victim is still traceless.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail is rejected.

(Prabhat Kumar Jha, J) M.Rahman/- U T