Munna Yadav @ Munna Kumar Yadav @ Munna Mangani Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3647 of 2015 Arising Out of PS.Case No. -479 Year- 2012 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Munna Yadav @ Munna Kumar Yadav @ Munna Mangani Yadav, Son of Mangani Yadav,@,Mangani Sitaram Yadav, Resident of villNaurangabad,,P.S-Bettiah Town, Ward No.-32, Distt.-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajeet Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kr.Sinha(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363A and 366 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant.

It is submitted by the learned counsel for the petitioner that the victim was major and the petitioner married with the daughter of informant and the marriage registered in Gujrat. Certificate to that effect has been brought on record vide Annexure-3. It is further submitted that out of the wedlock now petitioner has a child also. Petitioner has no criminal antecedent as stated in para-3 of the petition. The petitioner claims that the victim is residing as wife with

Patna High Court Cr.Misc. No.3647 of 2015 (2) dt.28-01-2015 him.

The petitioner will produce the victim and child before the learned Court below on 9th of February, 2015 when the court below will record the statement of the victim Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for one month in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Bettiah Town P.S. Case No. 479 of 2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

If the victim girl admits that she has voluntarily married with the petitioner, then the provisional bail of the petitioner will be confirmed by the learned court below otherwise the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) P.K./- U T