Santosh Kumar @ Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26613 of 2019 Arising Out of PS. Case No.-47 Year-2018 Thana- BARH District- Patna ====================================================== Santosh Kumar @ Santosh Yadav, Son of Bullo Yadav Resident of Village - Shekhopur, P.S.- Barh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered under Sections 363 and 366(A) of the Indian Penal Code.
One Jiva Yadav is said to have kidnapped the minor daughter of the informant on motorcycle along with his associates including the petitioner Santosh Yadav. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in the case due to dirty village politics. The victim in her statement recorded under Sections 164 Cr.P.C. has candidly stated that she called Rajeev @ Jiva Yadav on telephone and suo motu eloped with him and
Patna High Court CR. MISC. No.26613 of 2019(2) dt.30-04-2019 2/2 performed marriage with him. She has not taken the name of the petitioner in the occurrence. Petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Barh, Patna in connection with Barh P.S. Case No. 47 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) mantreshwar/- U T