Babil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41324 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Babil Yadav Son Of Vakil Yadav @ Wakil Yadav Resident Of Village- Lachhu Tola, Ps- Shahpur (GAURA O.P.), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366(A) of the Indian Penal Code.

Allegation against the petitioner is that he abducted the daughter of the informant for the purpose of marriage when she went to buy medicines.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is further submitted that the victim was recovered and her statement was recorded under Sections 161 and 164 of the Cr.P.C., in which she has not stated any physical assault or

Patna High Court CR. MISC. No.41324 of 2023(3) dt.08-08-2023 2/2 physical abuse by the petitioner and there is contradiction between both the statement of the victim which was recorded under Sections 161 and 164 of the Cr.P.C and also she denied to take medically examined herself during investigation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.03.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chandi P.S. Case No. 74 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Bhojpur at Ara.

(Sunil Kumar Panwar, J) lata/- U T