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Patna High CourtCR. MISC./38507/2023bail granted

Jayanti Yadav @ Jainit Yadav v. The State Of Bihar

2023-07-07Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38507 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== JAYANTI YADAV @ JAINIT YADAV S/O MAHENDRA YADAV R/O Village- Chhote Bigha, PS. Khizersarai, Dist. Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-07-2023 Heard the parties.

The petitioner is in custody in connection with Khizersarai P.S. Case No. 57 of 2023 for the offence under Sections 363, 366(A), 323, 504 and 506 of the Indian Penal Code lodged on 06.02.2023 by the informant, Kameshwar Yadav.

The prosecution case, in brief, is that on 01.02.2023, daughter of the informant went to Sarya Bazar but did not return. It has been further alleged that on suspicion, when the informant went to the house of the petitioner then all the accused persons has abused the informant. Accordingly, the F.I.R.

It has been contended by the learned counsel for the petitioner that the victim girl left on her own, called the

Patna High Court CR. MISC. No.38507 of 2023(2) dt.07-07-2023 2/3 petitioner and got married at Vishnupad temple, Gaya which has been incorporated in the order of the learned Sessions Judge. Learned APP opposes the prayer for bail.

Considering the aforesaid submissions put forward by the learned counsel for the petitioner as also after perusal of the learned Sessions Judge order that the victim girl left on her own, called the petitioner and got married at Vishnupad temple, Gaya , is in custody since 08.02.2023 (as stated in paragraph 11 of the petition), this Court is inclined to extend him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-IV, Gaya, in connection with Khizersarai P.S. Case No. 57 of 2023.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.38507 of 2023(2) dt.07-07-2023 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the application is allowed.

(Rajiv Roy, J) Jagdish/Kiran/- U T