Dharmendra Yadav @ Dharmendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36757 of 2023 Arising Out of PS. Case No.-156 Year-2021 Thana- TARARI District- Bhojpur ====================================================== Dharmendra Yadav @ Dharmendra Son Of Baban Yadav @ Baban Singh Resident Of Village - Kachahri Tola, P.S. - Charpokhri, Distt. - Bhojpur. At Present Resident Of Village -Kapurdihra, P.S. - Charpokhri, Distt. - Bhojpur ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/120B/34 of the Indian Penal Code.
3. As per the prosecution case, petitioner and other accused persons kidnapped minor daughter of the informant.
4. Learned counsel appearing for the petitioner submits that the specific allegation of kidnapping is against coaccused Bir Bahadur Kumar who is alleged to have married the victim. No overt act has been alleged against the petitioner. There is delay of seven months in lodging of the FIR and there is no explanation of delay which itself creates doubt over the veracity of the prosecution case. Petitioner claims clean
Patna High Court CR. MISC. No.36757 of 2023(2) dt.01-08-2023 2/2 antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Judicial Magistrate 1st class Bhojpur at Ara in Tarari Police Station Case No. 156 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashi/- U T