Birendra Kumar @ Birendra Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15803 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -RAJAULI District- NAWADA ======================================================
1. Birendra Kumar @ Birendra Yadav Son of Devan Yadav
2. Devan Yadav Son of Basudeo Yadav Both Resident of Village - Karanpur, P.S.- Rajauli, District - Nawada .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with POSCO Case No.30 of 2015 for the offences instituted under Sections 363 and 366A of the Indian Penal Code. The prosecution case, in brief, is that on 4.2.2015 at about 7.00 P.M. his villager namely Rupesh Yadav, Vicky Kumar, Birendra Yadav, Devan Yadav forcibly abducted the informant's daughter for the purpose of marriage.
It is submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Petitioners have falsely been implicated in the present case. Police had submitted a final form against the petitioners and had found the case true
Patna High Court Cr.Misc. No.15803 of 2016 (2) dt.16-05-2016 2/2 against one Vicky Kumar. The court below has differed with the police report and has taken cognizance of the offence. Petitioners have got no concern with the alleged occurrence. There was admitted love affairs between the Vicky and the victim. Victim is said to have been recovered.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R. and after investigation, police had submitted a final form against the petitioners. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Nawada-cumSpecial Judge, POSCO, in connection with POSCO Case No.30 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) N.H./- U T