Budhan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9030 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- PANDAUL District- Madhubani ====================================================== 1.

BUDHAN YADAV, Son of Late Dasrath Yadav. Resident of Village- Baturi, P.S.- Pandaul, District- Madhubani.

2.

Rakesh Yadav, Son of Budhan Yadav. Resident of Village- Baturi, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Chandra Bhushan Prasad For the Informant :

Mr.Bimal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-06-2019 Heard learned counsel for the petitioners and learned APP for the State, assisted by learned counsel for the informant.

Petitioners seek bail in a case registered for the offences punishable under Sections 363, 366(A), 372, 504, 506/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

According to F.I.R., the petitioners allegedly kidnapped to the minor daughter of the informant. Submission of the learned counsel for the petitioners is that the victim girl in her statement under Section 164 of the Code of Criminal Procedure has stated that she has

Patna High Court CR. MISC. No.9030 of 2019(5) dt.03-06-2019 2/2 already married with co-accused, Mukesh Yadav. Learned counsel for the informant opposed the prayer for bail.

Considering the statement of the victim girl, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pandaul Police Station Case No.148 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

Before accepting the bail bonds, the court below shall verify from the statement of the victim recorded under Section 164 of the Code of Criminal Procedure that she has voluntarily married with co-accused, Mukesh Yadav. (Birendra Kumar, J) abhishek/- U T