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Patna High CourtCR. MISC./56066/2017bail granted

Bikrama Yadav And ORS v. The State Of Bihar

2017-12-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56066 of 2017 Arising Out of PS.Case No. -218 Year- 2016 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bikrama Yadav, Son of Ganga Yadav,

2. Guddu Yadav, Son of Bikrama Yadav,

3. Lal Pari Devi, Wife of Bikrama Yadav,

4. Sangeeta Devi, Wife of Guddu Yadav, All resident of VillageBahadurpur, Police Station- Govindganj, Areraj, District- East Champaran. .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Dhurendra Kumar, Adv. For the Opposite Party : Mr. Suresh Prasad Singh, APP 230 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioners apprehend their arrest in Govindganj P.S. Case No. 218 of 2016 registered under Sections 366A, 323, 504 and 34 of the Indian Penal Code.

The informant alleged that his brother-in-law, Braj Kishore Yadav, came to his house and took his younger sister on the pretext of looking after the ailing elder sister, wife of Braj Kishore Yadav, but, when the informant went to the house of his brother-in-law, he did not find his brother-in-law, Braj Kishore Yadav, and his younger sister in the house. The informant made enquiry. The family members of Braj Kishore Yadav assaulted the informant and drove him out from the house. The learned counsel for the petitioners submits that the petitioners are father and other relatives of Braj Kishore Yadav. They had no knowledge about the kidnapping of the sister of the informant by Braj Kishore Yadav. Braj Kishore Yadav never came to their house with the victim and the petitioners have

Patna High Court Cr.Misc. No.56066 of 2017 (2) dt.13-12-2017 2/2 falsely been implicated in this case.

Considering the facts and nature of allegation, made against the petitioners, and the fact that the petitioners are family members of Braj Kishore Yadav, against whom there is no allegation of kidnapping, the petitioners, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Govindganj P.S. Case No. 218 of 2016 to the satisfaction of Additional Chief Judicial Magistrate, I, East Champaran at Motihari, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Prabhat Kumar Jha, J) SA/- U √ T √