Satendra Yadav @ Boss Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3607 of 2018 Arising Out of PS. Case No.-7 Year-2017 Thana- KARPI District- Jehanabad ======================================================

1. Satendra Yadav @ Boss Yadav, son of Khalifan Yadav

2. Khalifan Yadav, son of late Dudhnath Yadav, both residents of village Dyne Bigha, P.S. Karpi, district Arwal ... Petitioners

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Arvind Prasad Singh, Adv.

For the Opposite Party :

Mr. NAVIN KUMAR PANDEY, APP 112 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 21-03-2018 Heard learned counsel for the petitioners, learned counsel for the informant and the learned Additional Public Prosecutor.

This is a petition for grant of regular bail in connection with Karpi P.S. Case No. 7 of 2017 for offences under Sections 363, 365 and 34 of the Indian Penal Code. Allegation, in brief, is that the son of the informant, 13 years old boy, left his home for going to school, but, he did not reach the school and became traceless. It is alleged that six months prior to this occurrence Satyendra Yadav had threatened the informant that his son would be eliminated. Learned counsel for the petitioners submits that except the suspicion raised against the petitioners that petitioner no. 1, Satyendra Yadav, had been threatening six months prior to the occurrence there is no other evidence against the

Patna High Court Cr.Misc. No.3607 of 2018(5) dt.21-03-2018 2/3 petitioners.

The petitioners were earlier granted anticipatory bail by a coordinate Bench of this Court, but, that order was set aside by the Supreme Court and the petitioners surrendered pursuant to that order and both are in custody in this case since 17.11.2017. It is also submitted that charge too has been framed against the petitioners, after submission of the charge sheet and petitioners have no criminal antecedent.

Learned counsel for the informant refers paragraphs 24 and 35 of the case diary and submitted that though no one had seen the petitioners taking away the informant's son, but, all of them stated that one Mahendra @ VC another non-first information report named accused have threatened the informant to withdraw the case only then the boy would be released.

The learned counsel for the State submits that except suspicion raised against the petitioners there is no other material against the petitioners.

Having considered the aforesaid facts and circumstances, above named petitioners, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in

Patna High Court Cr.Misc. No.3607 of 2018(5) dt.21-03-2018 3/3 connection with Karpi P.S. Case No. 7 of 2017 to the satisfaction of the Chief Judicial Magistrate, Arwal, on the conditions that one of the bailors must be close family member of the petitioners and secondly, the petitioners shall appear on each and every date before the trial Court and in case of absence on two consecutive dates without any reasonable cause their bail bonds shall be liable to be cancelled by the trial Court. (Arun Kumar, J) Shamshad/- U T