Arbind Yadav @ Arapit Kumar Yadav @ Arpit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2073 of 2019 Arising Out of PS. Case No.-637 Year-2018 Thana- AMARPUR District- Banka ====================================================== ARBIND YADAV @ ARAPIT KUMAR YADAV @ ARPIT YADAV Son of Late Lalmuni Yadav Resident of Village- Kutubganj, P.S. Babanganj, DistrictBhagalpur. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Brij Nandad Prasad For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-07-2019 Heard learned counsel for the appellant and learned Spl. PP for the State.

This is an appeal under Section 14(A)(2) of the SC/ST Act against the refusal of prayer for bail vide order dated 23.04.2019 passed by learned 1st Addl. Sessions Judge, Banka in Amarpur P.S. Case No. 637 of 2018 registered under Sections 419, 420, 493, 496 and 376of the Indian Penal Code and Sections 3(i)(r)(w) of the SC/ST Act.

Daughter of the informant aged about 18 years had left her house due to family feud and met with the appellant at Bhagalpur Station where they developed intimacy and subsequently performed marriage in the temple. Thereafter the appellant arrived at the house of the informant and lived there

Patna High Court CR. APP (SJ) No.2073 of 2019(3) dt.10-07-2019 2/3 for sometime and later on made good his escape taking Rs.35000/- from the informant.

It is submitted by learned counsel for the appellant that the appellant has been falsely implicated in the case due to ulterior motive. Victim happens to be major as per the version of the informant himself and she performed marriage with the appellant out of her sweet will. Though the victim in her statement recorded under Section 164 Cr.P.C. has stated that the appellant has performed marriage with her deceiving her as he is already married but there is no averment in the written report about performing marriage with her by the appellant deceiving her hence said statement appears to be after thought. Appellant is ready to return back the aforesaid money taken from the informant. He has been languishing in custody since 20.01.2019 Learned Spl. PP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named appellant is directed to be enlarged 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 1st Addl. Sessions Judge, Banka in Amarpur P.S. Case No. 637 of 2018.

Patna High Court CR. APP (SJ) No.2073 of 2019(3) dt.10-07-2019 3/3 Learned lower court is directed to accept the bail bond of the appellant on filing the receipt of according Rs.35000/- by the appellant to the informant. Accordingly, the impugned order is set aside and appeal is allowed.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T