Bijendra Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48938 of 2016 Arising Out of PS.Case No. -33 Year- 2015 Thana -SALKHUA District- SAHARSA ======================================================

1. Bijendra Yadav Wife of Late Newi Yadav, Resident of Village- Borba, P.S.- Salkhua O.P Banma Ithari Dist- Saharsa

2. Birendra Yadav, son of Chhedi Yadav, Resident of Village- Khuresan, P.S.- Salkhua O.P Banma Ithari, District- Saharsa .... Petitioners

Versus

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

For the Petitioners : Mrs. Rashmi Jha, Adv. For the Opposite Party : Mr. Mukeshwar Dayal, APP 37 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard the learned counsel for the petitioners and the State.

This is a petition for grant of anticipatory bail for offence under Sections 341, 342, 323, 365 and 34 of the Indian Penal Code.

Allegation is that the petitioners kidnapped the brother of the informant for the purpose of marriage. Submission is that kidnapping/abduction of a male for the purpose of marriage is no offence. More over, the marriage was solemnized earlier and first information report has been lodged subsequent thereto.

Considering the aforesaid fact, the petitioners, above named, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Salkhua P.S. Case No. 33 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, II, Saharsa, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √