Sushil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31849 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== 1.

SUSHIL KUMAR YADAV Son of Late Mohan Yadav Resident of VillagePashchim Kargahiya, P.S.- Bettiah Town, District- West Champaran. 2.

Parbin Wife of Alauddin Resident of Village- Sundar Nagri, P.S.- Nand Nagri, Sahadara, State- Delhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2019 Heard learned counsel for the petitioners and the State.

The petitioners seek bail in Bairiya P.S. Case No. 44 of 2019, instituted for the offence under Section (s) 341, 342, 344, 363, 509/34 of the Indian Penal Code and Section 12 of Prevention of Children from Sexual Offences Act. It is alleged in the written report that informant and her two daughters were brought by the petitioners to village Majhauli from Delhi on the pretext to get them job. It is further alleged that petitioners forced them to dance in Orchestra. The informant and her daughters were caught by the petitioners. Counsel for the petitioners submits that allegation against the petitioners in the written report is that they forced

Patna High Court CR. MISC. No.31849 of 2019(3) dt.16-07-2019 2/2 the informant and her daughters to perform dance in Orchestra. There is no allegation that they committed any illegal act with them.

The statement of informant and her two daughters have been recorded under Section 164 Cr. P.C. which has been enclosed as Annexure-2 series wherein they have not levelled any allegation of overt act against the petitioners. Petitioners are in custody since 5.2.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 44 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioners. (Sanjay Priya, J) S.Ali/- U T