Tapeshwar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5281 of 2018 Arising Out of PS.Case No. -62 Year- 2017 Thana -KAKO District- JEHANABAD ======================================================
1. Tapeshwar Yadav Son of Late Lala Yadav,
2. Satendra Yadav,
3. Jitendra Yadav Both are Sons of Tapeshwar Yadav, All are Resident of Village-Mobarakpur, P.S.-Kurtha, Dist.-Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nitya Nand Neeraj For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2018 Heard both sides.
The petitioners apprehend their arrest in Kako P.S. case No. 62 of 2017 under Section 366A/34 of the Indian Penal Code.
The informant alleged that his daughter went to Nadiyawan along with Sandhya for photo stat copy of the documents but thereafter she did not return. During the course of search, friends of her daughter gave two mobile Nos., i.e., 7519066823 and 8083837175. The informant tried to contact but from mobile No. 7273889273 a call came. It transpired that aforesaid mobile No. belonged Gautam Kumar, son of petitioner No.1. The informant further alleged that Gautam Kumar with the help of his family members, the petitioners, kidnapped his daughter and when the informant went to complaint the petitioners are alleged to have abused the informant.
The learned counsel for the petitioners submits that
Patna High Court Cr.Misc. No.5281 of 2018 (2) dt.07-02-2018 2/2 petitioners are father and brothers of Gautam Kumar. They have got no knowledge about the kidnapping of victim. The son of petitioners fell in love with victim and both fled away. There is no material on record to show that petitioners ever protected Gautam Kumar.
Considering the facts aforesaid and the nature of allegation made against the petitioners and the fact that petitioners are father and brothers of Gautam Kumar, who is alleged to have enticed away the victim, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R. K. Rajak, learned Additional Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. case No. 62 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T