Gama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 9051 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- SRINAGAR District- West Champaran ====================================================== GAMA YADAV SON OF HARI YADAV R/O VILLAGE- KOLHAVA GHAT, PATJIRWA, P.S.- SRI NAGAR, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Srinagar P.S. Case No. 136 of 2022 dated 01.10.2022 registered for the offences punishable u/s 366A read with section 34 of the Indian Penal Code and section 8 of POCSO Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant for wrong purposes.

Patna High Court CR. MISC. No. 9051 of 2023(2) dt.29-04-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has submitted that the victim girl was medically examined and no sign of sexual assault has been found. Learned counsel has further submitted that the victim girl herself left her house after quarrelling with her mother. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.11.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with Srinagar P.S. Case No. 136 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T