Bhim Yadav @ Dayanand Yadav @ Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36768 of 2017 Arising Out of PS.Case No. -31 Year- 2012 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bhim Yadav @ Dayanand Yadav @ Raj Kumar Yadav Son of Dhurendra Yadav, Resident of Village-Manglapur, P.S.-Sangrampur, District-East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kundan Rathore For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 14.02.2017 in connection with Sangrampur P.S.Case No.31 of 2012 dated 24.02.2012 for offences punishable under Sections 363 & 366(A)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while his sister Chanda Kumari was at home, the petitioner along with two other co-accused persons forcibly abducted her on a Motorcycle.

It has been submitted by the learned counsel for the petitioner that he is innocent. Now the petitioner and the victim girl are husband and wife, for which an affidavit has been filed jointly by the petitioner and the victim girl. He submits that now

Patna High Court Cr.Misc. No.36768 of 2017 (5) dt.31-10-2017 2/2 they are blessed with two daughters.

However, the learned A.P.P. for the State opposes the prayer for bail stating therein that the victim girl under Section 161 and also Section 164 of Cr.P.C. has supported the prosecution case.

Considering the facts and circumstances and the materials on record, let the petitioner named above be released on provisional bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. at East Champaran, Motihari in connection with Sangrampur P.S.Case No.31 of 2012.

The petitioner along with the victim girl Chanda Kumari will appear on 8th of November, 2017 before the court of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sangrampur P.S.Case No.31 of 2012 and on satisfaction of submission and the affidavit filed by all the parties, the bail bond of the petitioner will be confirmed by the learned court below (Nilu Agrawal, J) chn/- U T