Daho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4320 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -CHAUSA District- MADHEPURA ====================================================== Daho Yadav Son of Late Suresh Yadav, Resident of Village- Fulaut, Purvi P.S.- Chausa, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Chausa(Pulaut O.P.) P.S. Case No. 191 of 2016, pending in the Court of learned Judicial Magistrate, 1st Class, Udakishunganj, Madhepura instituted for the offence under Section(s) 363, 365, 366, 376 of the Indian Penal Code.

It is alleged in the written report that while the informant was in Chandigarh, his son aged about one year fell ill, hence the informant directed his wife to get money/arrear amount from the petitioner Daho Yadav and get his son treated. The wife

Patna High Court Cr.Misc. No.4320 of 2017 (4) dt.07-03-2017 2/3 of the informant went to the petitioner to take the money but petitioner took her in the Bathan. It is further alleged that petitioner and his wife talked with the informant till 16.10.2016 and thereafter no contact was made. When the informant came and enquired about his wife and son, this petitioner stated that she lived with him till 16.10.2016 and thereafter she went away having no trace.

The victim lady in her 164 Cr.P.C statement has stated that she went to the house of this petitioner to get money for treatment of her son but he kept her in captivity for 3-4 days and committed illegal act with her. Thereafter, this petitioner handed over her to one Surendra Sah. The said Surendra Sah also committed illegal act with her for 15-16 days and thereafter police recovered her from the house of Surendra Sah. The case diary has been received.

Learned A.P.P. has submitted that the witnesses in para 5, 6, 7, 8 and 9 have supported the allegation against this petitioner.

In such circumstances, since there is direct allegation against this petitioner which is also supported in the statement of the victim lady under Section 164 Cr.P.C, this Court is not inclined to grant bail to the petitioner. Accordingly the

Patna High Court Cr.Misc. No.4320 of 2017 (4) dt.07-03-2017 3/3 prayer for bail of the petitioner stands rejected. Learned Court below is directed to expedite the trial.

(Sanjay Priya, J) Shageer/- U T