Suresh Prasad Yadav @ Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14020 of 2022 Arising Out of PS. Case No.-26 Year-2021 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== 1.

SURESH PRASAD YADAV @ SURESH YADAV Son of late Narayan Yadav Resident of Village - Naripur, Ward no.11, P.S.- Bagaha, (Pathkhauli), Distt.- West Champaran.

2.

RAJESH PRASAD YADAV @ RAJESH YADAV Son of Suresh Prasad yadav @ Suresh Yadav Resident of Village - Naripur, Ward no.11, P.S.- Bagaha, (Pathkhauli), Distt.- West Champaran. 3.

RAKESH KUMAR @ RAKESH YADAV Son of Suresh Prasad Yadav @ Suresh Yadav Resident of Village - Naripur, Ward no.11, P.S.- Bagaha, (Pathkhauli), Distt.- West Champaran.

4.

MITHILESH KUMAR @ MITHILESH YADAV Son of Suresh Prasad Yadav @ Suresh Yadav Resident of Village - Naripur, Ward no.11, P.S.- Bagaha, (Pathkhauli), Distt.- West Champaran. 5.

SANDHYA KUMARI W/o Rajesh Kumar @ Rajesh Yadav Resident of Village - Naripur, Ward no.11, P.S.- Bagaha, (Pathkhauli), Distt.- West Champaran.

6.

GUDIYA KUMARI W/o Rakesh Kumar @ Rakesh Yadav Resident of Village - Naripur, Ward no.11, P.S.- Bagaha, (Pathkhauli), Distt.- West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Patna High Court CR. MISC. No.14020 of 2022(2) dt.13-05-2022 2/3 The petitioners are apprehending their arrest in Mahila Thana Bagaha P.S. Case No. 26 of 2021 registered under Sections 366(A), 504, 120(B)/34 of the Indian Penal Code. Allegation against the accused persons including the petitioners is of kidnapping the informant's daughter with intention to marry her.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The victim has been recovered and her statement under Section 164 of the Cr.P.C. has been recorded. In her statement recorded under Section 164 of the Cr.P.C., the victim has stated that she left house out of her own sweet will and she got married with one Ravi Yadav. The victim has not supported the allegation made in the FIR.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.14020 of 2022(2) dt.13-05-2022 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-VII-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Mahila Thana Bagaha P.S. Case No. 26 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T