Laxman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10013 of 2023 Arising Out of PS. Case No.-107 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== LAXMAN YADAV S/O MUNGALAL YADAV R/o- Ward No. 02, Dahariya, P.S.- Chhatarpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chhatapur Police Station Case No. 107 of 2021, dated 17.04.2021, disclosing offences under Sections 363/365/366A/34 of the Indian Penal Code and Sections 8/17 of the Prevention of Children from Sexual Offences Act, 2012. The prosecution case, as per the First Information Report, is that the daughter of the informant left her home in the morning of 12.04.2021, but did not return back and on 17.04.2021, the informant received a call from her daughter that she has been kidnapped by the petitioner and other accused persons, including Sonu Yadav.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10013 of 2023(2) dt.19-05-2023 2/3 petitioner has falsely been implicated in this case due to land dispute inasmuch as the petitioner's father had purchased a piece of land from one Srikant Pathak of the same village and the father of the victim girl also wanted to purchase the said land. He further submits that the main accused, Sonu Yadav, has solemnized marriage with the victim girl, which would be evident from the statement made by the petitioner in paragraph 21 and Annexure 2 to this application. He further submits that the petitioner has got no criminal antecedent. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the victim girl has solemnized marriage with co-accused Sonu Yadav and the petitioner is the resident of the adjacent village of the informant, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Chhatapur Police Station

Patna High Court CR. MISC. No.10013 of 2023(2) dt.19-05-2023 3/3 Case No. 107 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √