Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28966 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- NARHATT District- Nawada ====================================================== PINTU YADAV Son of Arjun Yadav Resident of Village - Daibigha, P.S. - Narhat, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Yogesh Chandra Verma, Sr. Advocate Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2022 Heard learned senior counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A of the Indian Penal Code to which sections 302 and 201 of the Indian Penal Code were added subsequently.

As per the prosecution case, it is stated by the informant that his 14 year old daughter disappeared and he suspects that she has been kidnapped by unknown persons as a result of some love affair.

It is submitted by learned senior counsel for the petitioner that the FIR was registered against unknown accused persons after much delay of more than four days of the alleged occurrence. No material has transpired in course of investigation

Patna High Court CR. MISC. No.28966 of 2021(5) dt.11-01-2022 2/2 to connect the petitioner with the alleged crime. Referring to the statement of one Deepak Kumar recorded under section 164 Cr.P.C., it is submitted that even if the same is accepted for the sake of argument, what he has stated is that he saw the petitioner and the deceased standing together. There are no eye witness to the actual occurrence. The petitioner is in custody since 4.1.2021 and chargesheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the material that has transpired in course of investigation including the statement of Deepak Kumar under section 164 Cr.P.C. and the petitioner having remained in custody for 1 year, the petitioner is directed to be enlarged on bail in connection with Narhat P.S. Case no. 34 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Nawada.

(Partha Sarthy, J) Spd/- U T