Ram Chandra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 15640 of 2023 Arising Out of PS. Case No.-371 Year-2022 Thana- ROH District- Nawada ====================================================== 1.
RAM CHANDRA YADAV Son of Late Kameshwar Yadav R/v and Police Station- Roh, District- Nawada 2.
VIKASH KUMAR Son of Rajendra Yadav R/v- Khaira, P.S.- Kawakole, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Birendra Kumar, Advocate For the Opposite Party/s :
Mr Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioners and the learned APP.
2 The petitioners apprehend arrest in Roh PS Case No 371 of 2022 dated 25.11.2022 registered for the offence punishable under Section 366A of Indian Penal Code and Section 8 of POCSO Act.
3 As per the prosecution case, the petitioners along with co-accused Laxman Yadav kidnapped the daughter of the informant for the purpose of marriage.
4 Learned counsel for the petitioners submits that the victim, in her statement recorded under Section 164 of Cr P C, has stated that she, out of her own will, went to Chennai and no
Patna High Court CR. MISC. No.15640 of 2023(4) dt.17-08-2023 2/2 one kidnapped her. It is further submitted that petitioner No 1 is father and petitioner No 2 is cousin of co-accused Laxman Yadav.
5 Learned APP has vehemently opposed the prayer for anticipatory bail.
6 Considering the rival submissions and in view of the statement of victim recorded under Section 164 of Cr P C, in the event of arrest/surrender within a period of six weeks from today, the petitioners above named be enlarged on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI -cum- Special Judge, POCSO Act, Nawada in Roh PS Case No 371 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) M.E.H./- U T