Sanjay Kumar Yadav @ Sanjay Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.34548 of 2015 (2) dt.21-08-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34548 of 2015 Arising Out of PS.Case No. -29 Year- 2014 Thana -SISWAN District- SIWAN ======================================================
1. Sanjay Kumar Yadav @ Sanjay Yadav Son of Sri Bishram Yadav resident of village - Gayaspur Mathiya, P.S. Siswan, District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Chandra For the Opposite Party/s Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 21.08.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
According to the prosecution case, alleged occurrence took place on 10.2.2014 whereas complaint petition was filed on 20.2.2014 i.e. after ten days of alleged occurrence, particularly, in the circumstance when the informant claimed, himself, to be eye-witness of the alleged occurrence.
Moreover, statement of the victim was recorded under section 164 of the Cr.P.C in which she stated that she was forcibly taken away by the petitioner and co-accused Kamlesh and later on, she was dropped before the police station by the petitioner and co-accused Vishram.
The contention on behalf of the petitioner is that victim was in love with co-accused Kamlesh who happens to be brother of the petitioner and victim, herself, eloped with the aforesaid Kamlesh but
Patna High Court Cr.Misc. No.34548 of 2015 (2) dt.21-08-2015 after her recovery, she was pressurized by her parents and she took "U" turn in her statement recorded under section 164 of the Cr.P.C. Accordingly, petitioner is directed to 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 A. Ranjan, Judicial Magistrate, Ist Class, Siwan/concerned court in Siswan P.S. Case no. 29/2014. shahid (Hemant Kumar Srivastava,J) U T