Naresh Yadav @ Naresh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9294 of 2022 Arising Out of PS. Case No.-105 Year-2021 Thana- JHAJHA District- Jamui ====================================================== NARESH YADAV @ NARESH KUMAR YADAV S/o Umrav Yadav R/o village- Pirgaha Barhi Tola, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Jhajha P. S. Case No. 105 of 2021 registered for the offences punishable under Sections 452, 342, 323, 354A, 380, 366A and 506 read with Section 34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused persons are alleged to have entered the house of the informant having fire-arms weapons. The accused persons

Patna High Court CR. MISC. No.9294 of 2022(8) dt.23-02-2023 2/3 including the petitioner took away Rs. 5,00,000/- and some ornaments made of silver. It is further alleged that the minor daughter was also kidnapped by the petitioner and the coaccused person. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. No such occurrence as alleged has ever taken place. There is general and omnibus allegation against the petitioner. The name of the petitioner has been dragged in the case at the instance of his enemy. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioner and submitted that the victim is a minor girl. It has further submitted that the victim girl is still traceless. Earlier the daughter of the informant was also kidnapped and raped by the co-accused Dheeroo Yadav for which the victim had lodged Jhajha P. S. Case No. 404 of 2020.

In view of the aforesaid facts and circumstance as well as the victim being traceless, the instant anticipatory bail application is disposed of with a direction to the petitioner to surrender before the Court below concerned within six weeks

Patna High Court CR. MISC. No.9294 of 2022(8) dt.23-02-2023 3/3 form the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this court. (Chandra Prakash Singh, J) shakir/- U T