Pappu Kumar Yadav And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15888 of 2015 Arising out of PS.Case No. -152 Year- 2014 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Pappu Kumar Yadav, Son of Boot Yadav @ Jai Kumar Yadav.
2. Rajesh Kumar Yadav, Son of Abhikant Yadav.
3. Lalo Yadav, Son of Yugo Yadav @ Yugeshwer Yadav.
4. Koku Kumar, Son of Bihar Yadav. Petitioner No,. 1 to 4 are resident of village - Saw Gagh, Bhatu Tola, P.S. and District - Madhepura.
5. Mannu Kumar @ Mantu Kumar, Son of Raj Kishore Yadav. Resident of village - Sileth, P.S. Sour Bazar, District - Saharsa.
6. Najir Yadav @ Rajendra Yadav, Son of Ramdhuni Yadav. Resident of village - Toka Jiwachh Pur, P.S. Gamharia, District - Madhepura. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Bam Bahadur Jha, Advocate. For the Opposite Party : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Vide order dated 13.08.2015, anticipatory bail application of petitioner nos. 2, 3 and 4 is disposed of by this Court.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Madhepura P.S. Case No. 152 of 2014 for the offences instituted under Sections 341, 342, 346, 120(B)/34 of the I.P.C. Later on, Section 365 of the I.P.C. was also added. The prosecution story, in brief, is that the informant
Patna High Court Cr.Misc. No.15888 of 2015 (4) dt.03-09-2015 2/3 Manoj Kumar Yadav has been brought to Village-Toka Jiwachhpur by these petitioners for marriage negotiation of one Sanjay Kumar with the daughter of the petitioner Najir Yadav alias Rajendra Yadav but the petitioner Nijir Yadav told that Sanjay Hadav is not handsome and, therefore, negotiation could not be made and thereafter the petitioners in collusion with each other got solemnized marriage of the informant with Kundan Kumari daughter of the petitioner Najir Yadav alias Rajendra Yadav.
It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case due to dispute in respect to the marriage. It is further submitted that no offence under Section 365 of the IPC. is attributed against the petitioners from bare perusal of the F.I.R.
On behalf of the State it is admitted that from perusal of the F.I.R. no offence under Section 365 of the IPC. has been made out against the petitioners as there is no abduction of any person. Considering the aforesaid facts and circumstances, let the petitioner nos. 1, 5 and 6, namely, Pappu Kumar Yadav, Mannu Kumar @ Mantu Kumar and Najir Yadav @ Rajendra Yadav respectively be released on bail in the event of their arrest or surrender before the learned court below within a period of four
Patna High Court Cr.Misc. No.15888 of 2015 (4) dt.03-09-2015 3/3 weeks from today in connection with Madhepura P.S. Case No. 152/2014 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 C.J.M., Madhepura, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T