Harinarayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9562 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Harinarayan Yadav, aged about 55 years, Male, S/o Late Ramayan Yadav, R/o village- Ahirauli, P.S.- Buxar (Industrial), District- Buxar 2.

Anil Yadav, aged about 22 years, Male 3.

Sunil Yadav, aged about 20 years, sl. nos.2 and 3, both are S/o Ramnath Yadav 4.

Turani Devi, aged about 52 years, Female, W/o Ramnath Yadav, sl.nos.2, 3 and 4 are R/o village- Thaganiya Ke Dera, P.S.- Simari, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-09-2020 Heard the parties through the virtual court proceeding. The petitioners apprehend their arrest in connection with Buxar (Ind) P.S. Case No. 150 of 2019 registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

The allegation in brief as stated in written statement given by the informant is that all the accused/petitioners have assembled in his neighbourhood on 06.10.2019 and on the next date, his daughter went to be eased in the morning but not returned to her home. He claims that her daughter has been kidnapped by these accused/petitioners.

Learned counsel for the petitioners submits that they

Patna High Court CR. MISC. No.9562 of 2020(3) dt.03-09-2020 2/3 are quite innocent and have been falsely implicated in this case. They are labours and working in a Gosalla, Agra, Utter Pradesh. They have no criminal antecedent. He further submits that this occurrence has taken place on 07.10.2019 but the F.I.R. has been lodged on 11.10.2019 without any explanation for delay in lodging F.I.R.

From perusal of the case diary, it is relevant that all the witnesses have stated before the police that the arrival of the accused/petitioners in the neighbourhood of the informant and the missing of the daughter of the informant has been happened in the same consequences. He has also further claimed that the accused/petitioners have kidnapped the daughter of the informant who is minor aged about 15 years. Even today, the victim is traceless.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners in connection with Buxar (Ind) P.S. Case No.150 of 2019 pending in the court of learned Chief Judicial Magistrate, Buxar is hereby rejected. However, the petitioners are directed to surrender before the court below and

Patna High Court CR. MISC. No.9562 of 2020(3) dt.03-09-2020 3/3 the learned court below shall dispose of the bail application of the petitioners on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) Nasimul/- U T