Patna High CourtCR. MISC./30225/2024bail granted

Janardan Yadav @ Raj Kumar Yadav @ Barhi Yadav @ Bhadai v. The State Of Bihar

2024-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30225 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- SIMRI District- Buxar ====================================================== Janardan Yadav @ Raj Kumar Yadav @ Barhi Yadav @ Bhadai S/O Late Dinanath @ Dinanath Yadav R/O Village- Manikpur, P.O- Keshopur, P.SSimri, Distt.- Buxar. ... ... Petitioner/S

Versus

The State Of Bihar 2.

Umesh Yadav S/O Late Brahamdeo Yadav R/O Village- Keshopur, P.OKeshopur, P.S- Simri, Distt.- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, APP.

For the Informant :

Mr. Nagendra Upadhayay, Adv.

Mr. Maya Shankar Mishra, Adv.

Mr. Gopalkrishna Nishant, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024

1. Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant.

2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case No. 108 of 2024 arising out of Simri P.S. Case No. 12 of 2023 dated 13.01.2023 registered for the offences punishable u/ss 363, 366(A)/34 of the Indian Penal Code.

3. The allegation against the petitioner is that the petitioner along with three named accused persons is alleged to have kidnapped the minor daughter of the informant and took her to Jalandhar.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.30225 of 2024(2) dt.30-04-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case due to ulterior motive. The victim has not raised alarm when she was brought to Jalandhar. There is general and omnibus allegation against the petitioner. The victim in her statement recorded u/ss 161 as well as 164 she has not supported the prosecution case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.09.2023.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar in connection with POCSO Case No. 108/2024 arising out of Simri P.S. Case No. 12 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) annpurna/- U T