Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31890 of 2021 Arising Out of PS. Case No.-404 Year-2020 Thana- HISUWA District- Nawada ====================================================== SUDHIR YADAV S/o Lakhan Yadav @ Ramlakhan Prasad Resident of Village- Dohra (Sandohra), P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2021 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Ram Naresh Roy, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Hisua PS Case No. 404/2020 registered for the offence punishable under Sections 363, 366(A) of the IPC.

The allegation, as per First Information Report, is that the minor daughter of the informant had gone to attend coaching class in Hisua but she did not return to her house after the coaching class was over and upon search, the informant came to know that petitioner along with other accused persons has abducted his daughter.

Learned counsel for the petitioner submits that the petitioner is father of co-accused, Saurabh Kumar with whom the victim girl was having love affair. He further submits that statement of the victim girl has been recorded under Section 164 (Annexure-3) wherein she has categorically stated that she had

Patna High Court CR. MISC. No.31890 of 2021(2) dt.13-12-2021 2/2 gone with the co-accused, Saurabh Kumar voluntarily on her own free will and has performed marriage with him in a temple. Learned counsel further submits that the victim girl has not made any statement against the petitioner.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is a father of the co-accused, Saurabh Kumar with whom the victim girl has performed marriage, statement made by the victim girl recorded under Section 164 CrPC, petitioner is in custody since 04.11.2020 having no criminal antecedents and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SUDHIR YADAV be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua PS Case No. 404/2020.

(Anil Kumar Sinha, J) perwez U T