Kaurab Kumar@ Kaurab Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.45191 of 2014 (2) dt.23-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45191 of 2014 Arising Out of PS.Case No. -138 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Kaurab Kumar @ Kaurab Yadav Son of Shatrughan Prasad Yadav Resident of Village - Mathar, P.S. Muffasil, District - Khagaria. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== with Criminal Miscellaneous No.46453 of 2014 Arising Out of PS.Case No. -138 Year- 2014 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Haldeep Prasad Yadav @ Haldeep Yadav, Son of Kishundeo Prasad Yadav, Resident of village Haldia, P.S. Chautham, District Khagaria. .... .... Petitioner

Versus

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

(In Cr.Misc. No.45191 of 2014) For the Petitioner :

Mr. Indrajit Kumar, Advocate For the State :

Mr. Arun Kumar Pandey, APP (In Cr.Misc. No.46453 of 2014) For the Petitioner :

Mr. Rajesh Kumar, Advocate For the State :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Both the bail petitions arise out of Sahebpur Kamal P.S. Case No. 138 of 2014 and, therefore, they are being disposed of by this common order.

Heard both sides.

The petitioners seek bail in a case under Sections 366 and 365/34 of the Indian Penal Code.

The informant named Nakul Yadav and his father-in-

Patna High Court Cr.Misc. No.45191 of 2014 (2) dt.23-02-2015 law Haldeep Prasad Yadav that they kidnapped his son, namely, Nikesh Kumar for the purpose of marriage.

Learned counsel for the petitioners submits that the petitioners are innocent and they have in fact committed no offence. The victim has named even Haldeep Prasad Yadav in his kidnapping. The victim himself got married with the daughter of Haldeep Prasad Yadav. Later on, on being tutored, the victim made statement under Section 164 Cr.P.C. implicating the petitioners.

Considering the facts aforesaid and the fact that the petitioners are in jail for about six months, the above named petitioners are directed to be enlarged 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 the learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 138 of 2014.

(Prabhat Kumar Jha, J.) Sanjay/- U T