Patna High CourtCR. MISC./13069/2024bail granted

Gopi Shankar Yadav @ Gopi Shankar v. The State Of Bihar

2024-03-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13069 of 2024 Arising Out of PS. Case No.-232 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Gopi Shankar Yadav @ Gopi Shankar Son of Premchand Yadav R/o villageMisharauliya, P.S.- G.B. Nagar (Tarwara), District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana, Adv.

Ms. Misha Bharti, Adv.

Ms. Ananya Shivani, Adv.

Mr. Aditya Singh, Adv.

Ms. Monalika, Adv.

Ms. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was dismissed vide order dated 06.12.2022 passed in Cr. Misc. No. 48036 of 2022.

3. The petitioner seeks bail in connection with Gautam Budh (GB) Nagar P.S. Case No. 232 of 2021 instituted for the offences under Sections 363(A), 366(A) and 34 of the Indian Penal Code.

4. As per prosecution case, on 20.09.2021, the accused persons including the present petitioner are alleged to have

Patna High Court CR. MISC. No.13069 of 2024(2) dt.04-03-2024 2/3 kidnapped the minor daughter (the victim) aged about 17 years for the purpose of marriage.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. There is no specific and direct allegation against the petitioner. He has further submitted that the main accused Dipu Kumar has already been granted on bail by a Co-ordinate Bench of this Court vide order dated 13.01.2023 passed in Cr. Misc. No. 30747 of 2022. The allegation made by the victim girl in her statement under Section 164 Cr.P.C. is also general and omnibus. The statements of the victim girl made under Sections 161 and 164 Cr.P.C. are also contradictory. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 12.12.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent,

Patna High Court CR. MISC. No.13069 of 2024(2) dt.04-03-2024 3/3 let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gautam Budh (GB) Nagar P.S. Case No. 232 of 2021.

(Rudra Prakash Mishra, J) rishi/- U T