Parwal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29039 of 2021 Arising Out of PS. Case No.-491 Year-2020 Thana- CHOUTARWA District- West Champaran ====================================================== PARWAL YADAV Son of Late Lal Banshi Yadav Resident of Village - Bathwariya, P.S. - Chautarwa (Bathwariya), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Buxi S.R.P. Sinha, Adv.

Mr. Krishna Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366 and 366A of the Indian Penal Code.

As per the prosecution case, the petitioner along with his wife and son are stated to have kidnapped the minor daughter of the informant.

It is submitted by learned Senior Counsel appearing for the petitioner that the petitioner has been falsely implicated in the case only on account of his being the father of coaccused Mantu Kumar who was having a love affair with the daughter of the informant. Further referring to the material that has

Patna High Court CR. MISC. No.29039 of 2021(5) dt.17-01-2022 2/2 transpired in course of investigation it is submitted that the daughter of the informant was recovered and in the medical examination her age was estimated to be 18-19 years. Thus she is a major. Further in her statement under section 161 Cr. P. C. she has categorically stated that no one kidnapped her but she went out of her own free will, married Mantu Yadav and has been living with him for the last 2 years. The petitioner is in custody since 26.11.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for over 1 year together with the material that has transpired in course of investigation, as referred to above, the Court directs the petitioner to be enlarged on bail in connection with Choutarwa (Bathwaniya) P.S. Case no. 491 of 2021 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 Sessions Judge, West Champaran Camp Court, Bagha.

(Partha Sarthy, J) Bibhash U