Arjun Yadav @ Arjun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12022 of 2016 Arising Out of PS.Case No. -29 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ====================================================== Arjun Yadav @ Arjun Kumar Yadav, S/o Jagdish Yadav, Resident of Village- Wallahpur, Police Station- Hasanpur, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhimanyu Sharma, Advocate For the Opposite Party/s : Mr. Md.Ansarul Haque Sahara(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Hasanpur P.S. Case No.29 of 2014 for allegedly having committed the offence under Sections 363 and 364A of the Indian Penal Code.

Learned counsel for the petitioner submits that the victim boy had been left behind at the Mela and the allegation against the petitioner came to be on the statement made by the sister of the victim as well as the mother of the victim boy that the petitioner along with his wife was also present at the Mela and the boy had got left behind along with him. Case diary in the present case was called for, which

Patna High Court Cr.Misc. No.12022 of 2016 (3) dt.10-05-2016 2/3 has since been received.

It appears from the material which has surfaced that the petitioner is the cousin of the informant. Save and except the allegation made that an information was given by the sister and the mother, all though in the case diary no further material has surfaced so as to indicate that the petitioner was in any way having an animosity with the family of the victim boy so as to venture into committing the present offence.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that after investigation, the name of certain other persons have surfaced, but no further material has surfaced in the case diary to indicate the guilt of the present petitioner.

In view of aforementioned facts and circumstances and that the petitioner is not having any criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, in connection with Hasanpur P.S. Case No.29 of

Patna High Court Cr.Misc. No.12022 of 2016 (3) dt.10-05-2016 3/3 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that the petitioner shall make himself available as and when required in the court below in connection with the present case and shall also co-operate in the investigation.

(Anjana Mishra, J) PNM U T