Santosh Kumar Yadav @ Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26918 of 2018 Arising Out of PS. Case No.-212 Year-2016 Thana- JHAJHA District- Jamui ====================================================== Santosh Kumar Yadav @ Santosh Yadav, S/o Kaleshwar Yadav, Resident of Village- Karahara, P.S. Jhajha, District- Jamui. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Prakash, Advocate For the Opposite Party/s :

Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Jhajha P.S. Case No.212 of 2016, registered for the offence punishable under Sections 147, 148, 149, 379 and 364A/34 of the Indian Penal Code and under Section 27 of the Arms Act.

As per the statement made in the F.I.R. while the daughter of the informant, namely, Rubi Devi (victim), along with her sister Karishma Kumari, had gone to attend the call of nature near the maize field, the accused persons including the petitioner on the strength of country made pistol tried to lift the victim, whereupon, she raised alarm, witnesses came there but by that time, the accused persons took away the victim.

Patna High Court Cr.Misc. No.26918 of 2018(2) dt.04-05-2018 2/2 The victim girl in her statement recorded under Section 164 of the Cr.P.C. has stated that she had gone along with the petitioner voluntarily and she is living with the petitioner as husband and wife.

Looking to the aforesaid fact, let the petitioner, namely, Santosh Kumar Yadav @ Santosh Yadav, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jamui, in connection with Jhajha P.S. Case no.212 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) pawan/- U T