Ram Bharosh Kumar Yadav @ Bharosh Kumar Yadav @ Ram Bharosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30699 of 2016 Arising Out of PS.Case No. -5 Year- 2014 Thana -SIDHWARA District- DARBHANGA ====================================================== RAM BHAROSH KUMAR YADAV @ BHAROSH KUMAR YADAV @ RAM BHAROSH YADAV, son of Sri Ram Krit Yadav, resident of Village-Kalbara, P.S.-Singhbara, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gopal Jha, Advocate. For the Opposite Party : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 18.03.2016 in connection with Singhwara P.S. Case No. 05 of 2014 for the offences instituted under Sections 363 and 366(A)/34 of the IPC. The prosecution story, in brief, is that the informant's daughter, Reena Kumari aged 14 years, went to ease and after about one hour, when she did not return they searched and came to know that two F.I.R. named accused persons got his daughter kidnapped and taken her on a Jeep.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.03.2016 and the charge sheet has

Patna High Court Cr.Misc. No.30699 of 2016 (4) dt.16-09-2016 2/2 been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. He is not named in the FIR. His name has come in course of investigation. Petitions vide Annexures-3 and 4 have been filed on behalf of the informant stating that the petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 J.M. Ist Class, Darbhanga, in connection with Singhwara P.S. Case No. 05 of 2014.

U.K./- (Sudhir Singh, J) U T