Indradeo Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69963 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- ANDHRAMATH District- Madhubani ======================================================

1. Indradeo Yadav, Son of Late Barelal Yadav,

2. Sushila Devi, Wife of Indradeo Yadav, Both Resident of Village - Narendrapur, Police Station- Andhramath, District- Madhubani. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suraj Narain Yadav For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366, 366A, 341, 323, 354A and 504 of the IPC.

The prosecution case, as per the written report of Heera Devi dated 17.05.2018 submitted to the Station House, Andhramath Police Station, is to the effect that on 16.05.2018 at 5AM, the daughter of the informant aged about 13 years went outside towards the river to ease out when co-accused Sanjeev Yadav and three unknown persons kidnapped her. It is further alleged that when the informant went to the house of co-

Patna High Court Cr.Misc. No.69963 of 2018(2) dt.05-12-2018 2/3 accused Sanjeev Yadav then the family members of co-accused Sanjeev Yadav abused and assaulted the informant. It is submitted by learned counsel for the petitioners that the thrust of accusation is against co-accused Sanjeev Yadav and the petitioners have been roped in the present case since they happen to be the parents of co-accused Sanjeev Yadav. The victim in her statement, recorded under Section 164 Cr. P.C., has not alleged anything against the petitioners. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioners.

Considering the fact that the thrust of accusation is against co-accused Sanjeev Yadav, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with Andhramath P.S.

Patna High Court Cr.Misc. No.69963 of 2018(2) dt.05-12-2018 3/3 Case No. 65 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T