Ram Badai Yadav @ Badai Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35612 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- JOGAPATTI District- West Champaran ====================================================== Ram Badai Yadav @ Badai Yadav Son of Brahma Yadav RESIDENT OF VILLAGE- CHANDRAHA, P.S.- BATHVARIYA, DISTRICT WEST CHAMPARAN ... ... Petitioner/s
Versus
1.
The State Of Bihar PATNA 2.
Sushila Devi w/o- Dukhi Mukhiya, Nawalpur, PS- Nawalpur, Dist.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan Dixit For the Opposite Party/s :
Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Jogapatti (Nawalpur) P.S. Case No. 61 of 2024 for the offences punishable under Sections 363, 366(A) and 34 of the IPC and Section 8 of the POCSO Act.
3. As per allegation, the accused persons including the petitioner kidnapped the informant's daughter for the purpose of marriage.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that in her statement
Patna High Court CR. MISC. No.35612 of 2024(4) dt.21-08-2024 2/2 recorded under Section 164 of the CrPC, she has stated that she has solemnized marriage with the petitioner in a temple. He has also submitted that the petitioner is a person of clean antecedent and is under custody since 18.02.2024.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances as well as the period of incarceration and the clean antecedent of the petitioner, let the petitioner abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO-cum-Additional District Judge-VI, West Champaran in connection with Jogapatti (Nawalpur) P.S. Case No. 61 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) Nirmal/- U T