Lallan Yadav @Lalo@Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17516 of 2019 Arising Out of PS. Case No.-527 Year-2017 Thana- KOTWALI District- Munger ====================================================== 1.

LALLAN YADAV @ LALO @ LALAN YADAV, Son of Suresh Yadav Resident of Village - Barhara, P.S.- Gogri, District- Khagaria 2.

Ruby Devi, Wife of Lallan Yadav @ Lalo @ Lalu Yadav, Resident of Village - Barhara, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-07-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 527 of 2017, disclosing offences under Section 366A/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with their son, have kidnapped the daughter of the informant for the purpose of marriage.

Learned Counsel for the petitioners submits that the petitioners have been implicated in this case merely on the basis of the fact that the petitioners are parents of co-accused Gulshan

Patna High Court CR. MISC. No.17516 of 2019(5) dt.17-07-2019 2/3 Kumar, who, along with the petitioners, allegedly kidnapped the daughter of the informant for the purpose of marriage. He submits that in course of investigation, no cogent evidence has come against the petitioners, connecting them with the kidnapping of the daughter of the informant.

Learned Additional Public Prosecutor submits that from perusal of the case diary, it does not appear that the petitioners were seen along with the victim girl at any point of time.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioners are the parents of co-accused Gulshan Kumar and it appears that both, Gulshan Kumar and the victim girl, have eloped and are not traceable, I find it a fit case for grant of privilege of anticipatory bail. Accordingly, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Munger, in connection with Kotwali Police Station Case No. 527 of 2017, subject to the condition laid down under Section

Patna High Court CR. MISC. No.17516 of 2019(5) dt.17-07-2019 3/3 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √