Sunil Yadav @ Fekan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35366 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- CHENARI District- Rohtas ====================================================== SUNIL YADAV @ FEKAN YADAV Son of Rajendra Yadav Resident of Village-Kusuri, P.S-Darigaon, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 366(A), 34 of the Indian Penal Code.

On the basis of written report of informant Anil Kumar Yadav, the prosecution case in brief is that on 02.02.2018 Sunil Yadav alias Fekan Yadav has kidnapped the informant's minor sister namely Chaniya Kumari, aged about 16 years with intent to perform marriage with her and this fact came to the knowledge of the informant during course of searching. It is further alleged that before the occurrence Sunil Yadav always used to visit the informant's village due to relation with Arun Yadav. Thereafter, informant asked the brother of Sunil Yadav

Patna High Court CR. MISC. No.35366 of 2019(4) dt.07-08-2019 2/3 namely Tatu Yadav to return his sister Chaniya Kumari but they were taken away his sister and refused to return her. The informant has claimed the accused persons named in the F.I.R. had kidnapped his sister with intention to perform marriage with her.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in the present case. He submits that the informant and his family members wanted the petitioner to marry to the informant sister, when denied they started making pressure therefore, the mother of the petitioner filed a complaint case bearing no. 805 of 2018 against the informant and his family.

From perusal of record and case diary, it is obvious that the petitioner is the main person in kidnapping the minor sister of the informant namely Chaniya Kumari. The statement of the victim girl under Section 164 of the Cr.P.C. has been recorded in which it is alleged that petitioner is involved in the said offence.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Chenari P.S. Case No. 111 of 2018 from the

Patna High Court CR. MISC. No.35366 of 2019(4) dt.07-08-2019 3/3 court of the learned A.C.J.M.-II Sasaram, Rohtas. Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T