Shyam Kumar @ Shyam Yadav @ Shyam Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11027 of 2020 Arising Out of PS. Case No.-41 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== SHYAM KUMAR @ SHYAM YADAV @ SHYAM KUMAR YADAV Son of Rajo Yadav @ Rajendra Yadav Resident of Village - Gangsayar, P.S.- Pratapganj, District - Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun, Advocate For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner apprehends his arrest in Kishanpur P.S. Case No. 41 of 2019, registered for the offence punishable under Section 366A/34 of the Indian Penal Code. Prosecution case in brief is that daughter of the informant aged about 14 years had gone to attend marriage ceremony which was being held in the neighborhood, but she did not return till 11.00 in the night. Thereafter, informant along with others went to search her daughter, during search, some of
Patna High Court CR. MISC. No.11027 of 2020(2) dt.16-06-2020 2/3 the people informed him that all the accused persons named in the FIR and some unknown, kidnapped her girl. It is submitted that petitioner has falsely been implicated in this case. There is delay of seven days in lodging the FIR, for which no plausible explanation has been given. From the statement of victim girl recorded under Section 164 Cr.P.C, it appears that co-accused Suresh Yadav took her to Delhi and solemnized marriage with her. In fact, there is love affair between the victim girl and the co-accused Suresh Yadav. There is no specific allegation against this petitioner. The victim is major. The petitioner has got no criminal antecedent. It appears that there is love affair between the victim girl and the co-accused Suresh Yadav and out of her sweet will, she left her house and went along with Suresh Yadav and solemnized marriage with him.
Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with
Patna High Court CR. MISC. No.11027 of 2020(2) dt.16-06-2020 3/3 Kishanpur P.S. Case No. 41 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T