Bhutali @ Rabindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24651 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -SALIMPUR District- PATNA ====================================================== Bhutali @ Rabindra Kumar Yadav, Son of Singheshwar Rai, Resident of Village- Saidpur Tola, P.S. Salimpur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhola Kumar, Advocate. For the Opposite Party : Smt. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 04.10.2015 in connection with Salimpur P.S. Case No. 120 of 2015 for the offences instituted under Sections 363 and 366(A) of the IPC. The prosecution story, in brief, is that the petitioner being the driver of Ajay Yadav who is the brick-kiln owner in which he is working, had kidnapped the minor daughter, namely, Divya Kumari, of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.10.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has

Patna High Court Cr.Misc. No.24651 of 2016 (5) dt.04-10-2016 2/2 got no criminal antecedent. He has falsely been implicated in the present case. In paragraph nos. 22 and 27 of the case diary, it has been stated that the victim was in love affair with one Umesh Yadav with whom she has eloped. The petitioner has been made accused because he happened to be the associate of co-accused Umesh Yadav.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Barh, Patna, in connection with Salimpur P.S. Case No. 120 of 2015. U.K./- (Sudhir Singh, J) U T