Shobhan Yadav And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26716 of 2015 Arising Out of PS.Case No. -389 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shobhan Yadav son of Punni Yadav, resident of village-Gamhariya, PSBanjariya, District-East Champaran at Motihari. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Renu Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-07-2015 The petitioner is apprehending his arrest in connection with Turkauliya (Banjariya) P.S. Case No. 389 of 2014 for the offences instituted under Sections 366(A)/34 of the Indian Penal Code. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 2.7.2014, the informant and his wife stayed in Arreraj Mandir. The petitioner and coaccused Bhuneshwar Patel came at the house of informant and told that the jeep from which the informant and his wife were returning from Arreraj then the jeep made accident and the informant repeatedly call her daughter Nippu Kumari and the accused persons took the informant's daughter Nippu Kumari with the help of pattidar of the informant, namely, Jai Prakash Singh with a jeep away on pretext of accident of the informant. In the way other accused persons accompanied with the petitioner and accused Bhuneshwar Patel. On

Patna High Court Cr.Misc. No.26716 of 2015 (2) dt.21-07-2015 2/2 next day in the morning the informant got knowledge about the kidnapping of his daughter.

It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the present case. It is further submitted that the victim girl has been examined under section 164 Cr.PC where she has stated that she has married with the petitioner and she is living with him.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and the statement recorded u/s 164 Cr. PC of the victim is Annexure-2 to this application. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of arrest or surrender before the learned court below within a period of six weeks from today in connection with Turkauliya (Banjariya) P.S. Case No. 389 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Mahesh/- U T