Vidhayak Yadav @ Kumar Vidhayak Yadav @ Bidhayak Yadav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50091 of 2016 Arising Out of PS.Case No. -202 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Vidhayak Yadav @ Kumar Vidhayak Yadav @ Bidhayak Yadav Kumar, son of Balchand Yadav, Resident of village Khagadahi, P.S. Barachatti, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siya Ram Shahi, Advocate Mrs. Shally Kumari, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 21.06.2016 in connection with Barachatti P.S. Case No. 202 of 2016 registered for the offence punishable under Sections 366 and 494/34 of the Indian Penal Code.

The prosecution case is that on 08.06.2016 at about 9:00 A.M. informant's daughter had gone to Sobh Bazar for sewing training, but did not return. Thereafter, informant started searching her daughter, but she could not be traced. On 09.06.2016, informant came to know that petitioner kidnapped her daughter for the purpose of marriage and other family members had also supported the petitioner in the alleged

Patna High Court Cr.Misc. No.50091 of 2016 (2) dt.22-11-2016 2/3 kidnapping.

It has been submitted by the learned counsel for the petitioner that the age of the victim girl, Renu Kumari has been assessed as 21 years by the learned Magistrate in her statement under Section 164 of the Cr.P.C. in which she has stated that she was earlier married to someone else, but because of love affairs with petitioner, she ran away with him. It has also been submitted that the police although after investigation submitted charge-sheet under the POCSO Act, but as per the medical report, she is aged between 18 - 19 years. He submits that petitioner has got no criminal antecedent and the victim girl has gone with the petitioner out of her own will, hence, allegations levelled against him are false.

Learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances of the case and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial

Patna High Court Cr.Misc. No.50091 of 2016 (2) dt.22-11-2016 3/3 Magistrate, Sherghati (Gaya) in connection with Barachatti P.S. Case No. 202 of 2016.

(Nilu Agrawal, J.) Arjun/- U T