Mannu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12138 of 2019 Arising Out of PS. Case No.-132 Year-2017 Thana- GOGRI District- Khagaria ====================================================== 1.

MANNU YADAV Son of Narad Yadav Resident of Village - Paura, P.S.- Gogari, Distt - Khagaria.

2.

Koko Yadav Son of Maheshwar Yadav Resident of Village - Paura, P.S.- Gogari, Distt - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-02-2019 As prayed for, learned counsel for the petitioners is permitted to make necessary correction in the prayer portion of the petition.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioners. Petitioners are in custody in connection with Gogari PS Case No. 132 of 2017 for the alleged offence punishable under Sections 364 and 384 of the Indian Penal Code.

Allegation in the instant case is that brother of the informant was kidnapped due to non-payment of Rs. Four lacs.

Patna High Court CR. MISC. No.12138 of 2019(2) dt.27-02-2019 2/2 Learned counsel for the petitioners submits that petitioners have no criminal antecedent and they are in custody since 16.11.2018. He further submits that the prosecution story about kidnapping and releasing the victim is most artificial and unrealistic. Allegation of demanding of Rs. Four lacs is totally false. There is one day delay in lodging the FIR in the instant case which is difficult to believe.

Considering the fact that the petitioners have no criminal antecedent and they have remained in custody since 16.11.2018, this application is allowed.

Accordingly, let the petitioners above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Brajesh Kumar, Judicial Magistrate 1st Class, Khagaria in connection with Gogari PS Case No. 132 of 2017. (Anil Kumar Upadhyay, J) mrl./- U T