Balram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15750 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- ROHTAS District- Rohtas ====================================================== Balram Yadav, Son of Shiv Yadav @ Shiv Narayan Singh, Resident of Village- Baknaura, P.S.- Rohtas, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.12.2018 in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code. The prosecution case as per the written report of Lalmohan Prasad submitted to the Station House Officer of Rohtas Police Station is to the effect that on 23.09.2018 the daughter of the informant, Nikky Kumar, aged about 14 years, went to see the fair of Muharram but she did not return then on search being made, the informant came to know that co-accused Vikash Chauhan and the petitioner, Balram Yadav have kidnapped the daughter of the informant.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.15750 of 2019(2) dt.14-03-2019 2/2 that the victim in her statement recorded under Section 164 Cr.P.C. that she was not kidnapped rather she went to her maternal uncle's house on her own. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is specific in the FIR and the victim was minor.

Considering the fact that the investigation has already been concluded and the victim has not supported the accusation of kidnapping, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class -cum- Additional Munsif, Dehri, Rohtas in connection with Rohtas P.S. Case 263 of 2018. (Dinesh Kumar Singh, J) DKS/- U T