Patna High CourtCR. MISC./32513/2016bail granted

Subodh Yadav And ORS v. The State Of Bihar

2016-10-04Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32513 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -CHAUSA District- MADHEPURA ======================================================

1. Subodh Yadav S/o Kamli Yadav

2. Mukesh Yadav S/o Ambika Yadav

3. Mithlesh Yadav S/o Ramji Yadav All to 3 are Resident of village- Narha Dih, P.S.- Chousa, District- Madhepura

4. Kundan Yadav S/o Ajay Yadav Resident of village - Milki, P.S.- Naugachhiya, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anshuman Jaipuriyar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the petitioners and the State. The petitioners are in custody in a case registered under Sections 366(A)/34 of the Indian Penal Code.

It is alleged in the FIR that two persons, namely, Avdhesh Yadav and Bablu, riding on a motor cycle forcibly caught hold informant's daughter, namely, Nasrin Khatoon and got her seated in the middle of the motor cycle and fled away along with the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 06.05.2016. Charge sheet has been submitted in this case. The petitioners have got no criminal

Patna High Court Cr.Misc. No.32513 of 2016 (4) dt.04-10-2016 2/2 antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are not named in the FIR. The victim girl has been examined under Section 164 Cr.P.C. She has not named the petitioners. There is no allegation of inducement, nor any sexual abuse or assault is alleged against the petitioners. Only suspicion has been raised against the petitioners.

On behalf of the State, it is submitted that the petitioners are not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioners, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Ashok Kumar-II, learned Judicial Magistrate 1st Class, Udakishanganj, in connection with Chousa P.S.Case No. 68 of 2016. (Sudhir Singh, J) singh/- U T