Lav Kush Yadav @ Lav Kumar @ Lav @ Kush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11375 of 2022 Arising Out of PS. Case No.-178 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== LAV KUSH YADAV @ LAV KUMAR @ LAV @ KUSH YADAV Son of Sanjay Yadav Resident of Village- Sakhauri, P.S.- Sour Bazar, DistrictSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has preferred this application for grant of regular bail in a case registered under Sections 363, 366A read 34 of the Indian Penal Code and Section 8 of the POCSO Act.

As per the prosecution case, it is alleged that the petitioner and co-accused person kidnapped the minor daughter of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Allegation levelled against the petitioner is false

and concocted. The petitioner has clean antecedent as stated at para 3 of the bail petition. Learned counsel for the petitioner has further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has not stated the name of the petitioner. It is further stated in her statement that two persons kidnapped her and co-accused, Manish Kumar took her in a lodge at Madhepura and later on, he solemnized his marriage with her. The petitioner is in custody since 24.08.2021. Learned A.P.P. for the State as well as learned counsel for the informant has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1st-cum-Special Judge, POCSO Act,Saharsa in connection with POCSO Case No. 45 of 2021, Saharsa Sadar P.S. Case No. 178 of 2021. The bail application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T