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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16343 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== 1.

RAJESH YADAV @ RAJESH KUMAR YADAV S/o Late Bhikhari Prasad Yadav R/o village- English, P.S.- Sabour, District- Bhagalpur 2.

Babita Devi W/o Rajesh Yadav @ Rajesh Kumar Yadav R/o villageEnglish, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2021 Heard Dr. Manoj Kumar, learned counsel for the petitioners and Mr. Anil Kumar Singh No. 1, Additional Public Prosecutor for the State through video conferencing.

2. Petitioners apprehend their arrest in connection with Sabour PS Case No. 21/2020 registered for the offence punishable under Section 366A/34 of the IPC.

3. The allegation, as per First Information Report is that co-accused, Roushan Kumar and his brother, Deepak Kumar kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to land dispute between the parties and both the parties are agnates. Learned counsel further submits that petitioners are parents of the said accused, Raushan Kumar and Deepak Kumar. Learned counsel referring to Annexure-2 submits that the statement of

Patna High Court CR. MISC. No.16343 of 2020(2) dt.08-04-2021 2/2 the victim girl was recorded under Section 164 CrPC wherein she has not spoken anything against the petitioners.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the victim girl, in her statement recorded under Section 164 CrPC, has not spoken anything against the petitioners, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, petitioners, named above, shall be released on anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour PS Case No. 21/2020, subject to the conditions as laid down under Section 438(2) CrPC.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T