Patna High CourtCR. MISC./23688/2024bail granted

Radhe Yadav v. The State Of Bihar

2024-07-05Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23688 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- JHAJHA District- Jamui ====================================================== Radhe Yadav SON OF JITAN YADAV RESIDENT OF VILLAGEALAKPURA, PS- GIDHOUR, DIST- JAMUI ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35532 of 2024 Arising Out of PS. Case No.-470 Year-2023 Thana- JHAJHA District- Jamui ====================================================== SANNI KUMAR @ SONU KUMAR @ SANNI YADAV SON OF PRAKASH YADAV RESIDENT OF VILLAGE - ALAKPURA, POLICE STATION - GIDHOUR (LAXMIPUR), DISTRICT - JAMUI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 23688 of 2024) For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur (In CRIMINAL MISCELLANEOUS No. 35532 of 2024) For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Jhajha P.S. Case No. 470 of 2023, registered for the offences punishable under Sections 366A,

Patna High Court CR. MISC. No.23688 of 2024(3) dt.05-07-2024 2/3 506/34 of the IPC, subsequently added section 376 of the IPC and Section 4 of the POCSO Act.

3. As per allegation, the minor daughter of the informant went for Tuition, but she didn't return. On search, the informant came to know that the accused persons including the petitioners kidnapped his minor daughter and took away her to Delhi.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The victim in her statement under Section 164 of the Cr.P.C. did not make any allegation of kidnapping against the petitioners. She stated specifically in her statement that co-accused Saurabh Yadav and Gulten Yadav had brought her to Delhi. Thereafter, Sanni Kumar @ Sonu Kumar (the petitioner) and his uncle asked her to solemnize marriage. She has also stated that she used to talk to Sonu Kumar (the petitioner) on mobile. It has further been submitted that the petitioner Sonu Kumar is under custody since 06.10.23 and petitioner Radhe Yadav is under custody since 24.12.2023.

5. Considering the above-mentioned facts and circumstance, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two

Patna High Court CR. MISC. No.23688 of 2024(3) dt.05-07-2024 3/3 sureties of the like amount each to the satisfaction of learned A.D.J. 1st, Jamui in connection with Jhajha P.S. Case No. 470 of 2023, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T