Shekhar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.42838 of 2016 (3) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42838 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -KAUAKOL District- NAWADA ======================================================

1. Shekhar Yadav Son of Late Brahmdeo Yadav resident of VillageNawadih, Police Station- Kauwakole (Rupau), District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner as well as learned APP.

While informant's son, Tantan Kumar aged about 10 years, was playing with his co-villagers, Chhotu Kumar and Sintu Kumar both being approximately of same age, was kidnapped by a motorcycle borne criminal.

It is apparent from the case diary that the victim was released by the criminals and after staying for a few days at his house, he was examined under Section 164 CrPC (para-75) wherein he had disclosed that after kidnapping, the miscreants took him away to terrain area where they were calling each other as Bablu and Shekhar(petitioner). From the address having been shown, it is apparent that the prosecution party as well as petitioner happens to be of the same village and that being so, if

Patna High Court Cr.Misc. No.42838 of 2016 (3) dt.14-12-2016 the petitioner would have been an accused, then in that event, the victim should have claimed identification of the petitioner to be his co-villager. Lacking thereof, suggests that it happens to be somebody else and not the petitioner.

In the aforesaid facts and circumstances of the case, petitioner, Shekhar Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Kauwakole (Rupau) PS Case No. 89/2016.

(Aditya Kumar Trivedi, J) perwez U T