Laltu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14223 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -GAMAHARIYA District- MADHEPURA ====================================================== Laltu Yadav, Son of Late Bhola Yadav, Resident of Village- Bhelwa, P.S.- Gamharia, District- Madhepura.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 10-05-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner seeks bail in connection with Gamharia P.S. Case No.100 of 2016 registered under Sections 366(A)/34 of the Indian Penal Code.

The accusation is of kidnapping the minor daughter of the informant by this petitioner with the help of other F.I.R. named accused.

Learned counsel appearing on behalf of the petitioner submits that, in fact, due to love affair with the petitioner, the

Patna High Court Cr.Misc. No.14223 of 2017 (4) dt.10-05-2017 2/3 victim, the daughter of the informant, left her house according to her own sweet will and moved with the petitioner and on return to her house, due to pressure of her family members, the victim, the daughter of the informant, gave her statement under Section 164 of the Code of Criminal Procedure about her kidnapping by this petitioner but she has not stated anything about committing rape by this petitioner on her. Further submission is that the victim, the daughter of the informant, in her statement, under Section 161 of the Code of Criminal Procedure, as recorded by the police, has also stated about her love affair with this petitioner, as detailed in paragraph-66 of the case diary.

The witnesses, in paragraphs-8 and 9 of the case diary, have also stated about moving of the victim, the daughter of the informant, according to her own sweet will with the petitioner. In the medical examination, the age of the victim, the daughter of the informant, has been assessed to be 1719 years. The petitioner having no criminal antecedent is in custody since 21.10.2016 and the chargesheet has already been submitted against the petitioner.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.14223 of 2017 (4) dt.10-05-2017 3/3 Additional Chief Judicial Magistrate-IV, Madhepura, in connection with Gamharia P.S. Case No.100 of 2016. (Rajendra Kumar Mishra, J) P.S./- U T