Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28520 of 2020 Arising Out of PS. Case No.-109 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== RAJESH YADAV Son of Lallan Yadav Resident of Village - Khidra, P.S.- Barharia, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Jadopur Police Station Case No. 109 of 2019, registered for the offences punishable under Sections 363/366-A/494 of the Indian Penal Code.

The allegation, as per the First Information Report, is that the petitioner abducted the minor daughter of the informant. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the statement of the victim girl has been recorded under Section 164 of the Code of Criminal Procedure, and in her statement, the victim girl has disclosed her age as 19 years and she has further stated that she had gone along with the petitioner out of her own free will and has also performed marriage with

Patna High Court CR. MISC. No.28520 of 2020(2) dt.11-11-2020 2/2 the petitioner. He further submits that the medical examination of the victim girl was conducted and the doctor has assessed the age of victim girl between 17 and 18 years. He further submits that the victim girl is in the custody of her parents. He next submits that the petitioner is in custody since 13.03.2020. After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that in her statement under Section 164 of the Code of Criminal Procedure, the victim girl has stated that she had gone with the petitioner out of her own free will, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Jadopur Police Station Case No. 109 of 2019. It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √