Manoj Yadav @ Mauji Yadav @ Manji Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57941 of 2015 Arising Out of PS.Case No. -84 Year- 2010 Thana -JHAJHA District- JAMUI ======================================================
1. Manoj Yadav @ Mauji Yadav @ Manji Yadav Son of kishun Yadav Resident of Village- Khairan, p.s Jhajha, Dist Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. Lallan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363/34 of the Indian Penal Code.
The prosecution case is that the informant's son Surendra Yadav along with other boy Sakaldeo Yadav went to earn livelihood in the company of co-accused Shankar Yadav, who is a contractor in Banglore. When Sakaldeo Yadav returned after sometime, but son of the informant did not return. It is alleged that subsequently
Patna High Court Cr.Misc. No.57941 of 2015 (2) dt.04-01-2016 demand of Rs. 1,00000/- was made to ensure return to his son.
It is submitted by the learned counsel for the petitioner that co-accused Mansarba Devi and Sakuntala Devi have been granted anticipatory bail vide Cr. Misc. No. 47381 of 2015 by a Coordinate Bench of this Court, on the ground that during investigation it transpired that both the son of the informant and other boy were returning from Banglore, but during ticket checking at Patna Station informant's son ran away and has been traceless. It is further submitted that thrust of accusation is against Shankar Yadav and the petitioner has been roped in the present case since he happens to be brother of Shankar Yadav. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Since the case was instituted in 2010, the Court is reluctant to consider the prayer for anticipatory bail but since the coaccused have been granted bail by a Coordinate Bench of this Court vide Cr. Misc. No. 47381 of 2015 dated 15.10.2015, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No.
Patna High Court Cr.Misc. No.57941 of 2015 (2) dt.04-01-2016 Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T