Janardan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20447 of 2020 Arising Out of PS. Case No.-714 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Janardan Yadav S/o Late Bhumi Yadav, Resident of Village- Chakfajula, P.S.- Udakishunganj, Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Madhepura P.S. Case No. 714 of 2019 registered for offence punishable under section 364 of the Indian Penal Code and later on, sections 302/201/34 of the Indian Penal Code has been added.

From the FIR it appears that on 22.08.2019 the victim had gone along with his friend Pandav Yadav (son of the present petitioner) on motor cycle bearing Registration no. BR-43L1520 and they reached to informant's house situated at Gauripur Ward No. 1 and after some times, both had gone from there on one motor cycle. When the victim did not return, the informant contacted to Pandav Yadav on mobile but he did not give

Patna High Court CR. MISC. No.20447 of 2020(5) dt.18-01-2021 2/2 suitable reply and thereafter his mobile was also switched off. Later on, it transpired that the nephew of the informant has been killed.

Learned counsel for the petitioner submits that there is no allegation against the petitioner rather the allegation has been made against his son Pandav Yadav. He further submits that the minor daughter of the informant was kidnapped, raped and killed by the nephew of the informant (victim) and his associates and the informant in order to save his skin and his family members, has filed the present case with false and frivolous allegation.

Looking to the entirety of the matter, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below, the court below without being prejudiced by this order will take decision in accordance with law. (Shivaji Pandey, J) Mahesh/- U T