Shailesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14549 of 2025 Arising Out of PS. Case No.-143 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Shailesh Yadav, S/o Awdh Yadav, R/o Village- Ghusari Barwa, Police stationDhanaha, District- west Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Keshwar Bin, S/o Radha Bin, R/o vill - Baira Bin Toli, P.s.- Dhanaha, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-04-2025 Heard Mr. Brij Kishor Mishra, learned counsel for the petitioner and Mr. Sucheta Yadav, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dhanaha P.S. Case No. 143 of 2023 instituted for the offence under Section 363, 366(A) and 34 of Indian Penal Code and Section 8 of the POCSO Act.
3. The case of the prosecution is that two minor daughters of the informant have gone to ease themselves. When they did not return for a considerable time, they were being searched. The informant received a call from mobile no. 8092878361 that his both daughters are safe.
Patna High Court CR. MISC. No.14549 of 2025(2) dt.19-04-2025 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got no criminal antecedent. In this case, the victims were recovered and they have given their statement under Section 164 of the Cr.P.C. It is apparent from the impugned order that both the victims have stated that Shailesh Yadav and Billu Yadav left them in the way. It has further been submitted that Billu Yadav whose case is similar to that of this petitioner has been granted anticipatory bail by learned Co-ordinate Bench of this Court vide order 16.04.2024 in Cr. Misc. No. 16148 of 2025. The case of this petitioner stands on similar footing.
5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dhanaha P.S. Case No. 143 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.14549 of 2025(2) dt.19-04-2025 3/3 to the satisfaction of learned Additional District and Sessions Judge-VII-cum-Special Judge (POCSO), Bettiah, West Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) lata/- U T