Pratap Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32530 of 2025 Arising Out of PS. Case No.-356 Year-2023 Thana- BAGHA District- West Champaran ====================================================== Pratap Yadav S/o Late Dasarath Yadav R/o Village- Goeti, P.S.- Patkhauli Bagaha, Distt.- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bachcha Chaudhary S/o Tufani Chaudhary R/o vill - Goeti, P.S.- Bagaha, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bashishtha Narayan Mishra, Advocate Mr. Brij Kishor Mishra, Advocate For the State :
Mr. Rajendra Nath Jha, APP For the Informant :
Ms. Preeti Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-08-2025 Heard Mr. Bashishtha Narayan Mishra, learned counsel for the petitioner, Ms. Preeti Kumari, learned counsel for the informant and Mr. Rajendra Nath Jha, learned APP for the State.
2. Petitioner seeks regular bail in connection with Bagaha P.S. Case No. 356 of 2023 dated 19.05.2023 registered for the offences punishable under Sections 363, 366(A), 323, 504, 379 and 506/34 of the Indian Penal Code and Section 8 of the POCSO Act.
3. The main submissions advanced by petitioner's counsel are that the petitioner has fair and clean antecedent and has been languishing in jail since 21.04.2025 and the so-called
Patna High Court CR. MISC. No.32530 of 2025(3) dt.06-08-2025 2/3 victim has been recovered and she has not made any allegation against this petitioner in her statement recorded under Section 164 of Cr.P.C., though, she suspected the petitioner's role in her alleged kidnapping but the said suspicion is without any basis and further she stated in the her statement recorded under Section 161 of Cr.P.C. that nothing wrong was committed with her and she initially denied to undergo medical examination.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Learned counsel appearing for the informant has also opposed the prayer for bail of the petitioner and submits that the petitioner was involved in the kidnapping of informant's minor daughter and his anticipatory bail prayer has already been rejected by the learned co-ordinate Bench of this Court.
6. Having considered the aforesaid submissions and mainly the serious contradictions appearing in between the victim's statements recorded by her before the I.O. and the Judicial Magistrate with regard to petitioner's role in alleged offences and also taking note of the fair and clean antecedent of the petitioner and the completion of investigation against him, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.32530 of 2025(3) dt.06-08-2025 3/3 bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bagaha P.S. Case No. 356 of 2023.
(Shailendra Singh, J) maynaz/- U T