Nanhe Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8632 of 2017 Arising Out of PS.Case No. -333 Year- 2016 Thana -SAHAYAK NAGAR District- KATIHAR ======================================================

1. Nanhe Kumar Yadav, son of Jitendra Prasad Yadav alias Jitendra Yadav, resident of Mohalla- Near Mahananda Colony, Police Station- Town Thana, District- Katihar .... Petitioner

Versus

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

For the Petitioner : Mr. Ranvijay Singh, Adv. For the Opposite Party : Mr. Bharat Bhushan, APP 156 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 363 and 366A of the Indian Penal Code.

Allegation against the petitioner is that the petitioner was in the habit of teasing to the daughter of the informant and even after persuasion of the informant and other, the petitioner did not mend. Allegation that he kidnapped to the daughter of the informant.

The victim-girl in her statement under Section 164 of the Criminal Procedure Code stated that she had voluntarily left her house. However, on the way the petitioner forcibly took her in a tempo to Purnia and there he established physical relation with her.

Statement of the petitioner is that the matter is of love affairs and under the pressure of the parents, the

Patna High Court Cr.Misc. No.8632 of 2017 (3) dt.18-03-2017 2/2 victim-girl has levelled allegation against the petitioner though there is no evidence that she ever resisted in going with the petitioner to Purnia nor she made any alarm for her rescue. The petitioner is in custody since 25.09.2016. Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 271 of 2016 arising out of Katihar Town (Sahayak) P.S. Case No. 333 of 2016 to the satisfaction of the Sessions Judge, Katihar, or successor Court with the condition that the petitioner shall fully cooperate with the investigation/trial of the case and if the Court below would come to notice that the petitioner has committed similar type of offence in future, the Court below shall be at liberty to cancel the bail bond of the petitioner in this case also.

(Birendra Kumar, J) SA/- U √ T √