Pramod Kumar Yadav @ Pramod Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7170 of 2018 Arising Out of PS.Case No. -280 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pramod Kumar Yadav @ Pramod Yadav,

2. Manoj Yadav, Both Sons of Late Nathuni Yadav, R/o Village- Dihi Dhabelawa, P.S.- Jogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners. No one appears for the State.

The petitioners apprehend their arrest in connection with Yogapatti P.S. Case No.280 of 2017 registered under Sections 366/34 of the Indian Penal Code. Learned counsel for the petitioners submits that prior

Patna High Court Cr.Misc. No.7170 of 2018 (2) dt.20-02-2018 to lodging of the present case on 15.05.2017 in respect of an alleged occurrence which was taken place on 21.02.2017, the informant had earlier lodged a similar nature of case being Yogapatti P.S. Case No.351 of 2016 in which police submitted a final report stating that the case is lodged on mistaken facts. Learned counsel submits that the allegation that this petitioner has taken away or abducted his wife is false and baseless. Earlier also the informant had lodged a case in which his wife made statement under Section 164 Cr.P.C. that because of ill-treatment meted out by her husband she has fled away to her Naihar. It is submitted that the wife of the informant is aged about 35 years.

Considering the facts and circumstances of the case particularly that a similar kind of allegation was made earlier vide Annexure-2 by the informant and this time again after about three months from the alleged date of occurrence lodged the similar case, I am inclined to grant anticipatory bail to the petitioners. In the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti P.S. Case No.

Patna High Court Cr.Misc. No.7170 of 2018 (2) dt.20-02-2018 condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Arvind/- (Rajeev Ranjan Prasad, J) U T