Patna High CourtCR. MISC./42002/2023bail granted

Bal Govind Yadav @ Bal Govind Kumar Yadav v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42002 of 2023 Arising Out of PS. Case No.-280 Year-2022 Thana- JANKINAGAR District- Purnia ====================================================== BAL GOVIND YADAV @ BAL GOVIND KUMAR YADAV Son of Sri Vijendra Yadav @ Bijen Yadav Resident of village - Mirchaibari, P.s. - Janakinagar, Distt. - Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shail Kumari, Adv.

For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Janakinagar P.S. Case No. 280 of 2022 dated 31.10.2022 registered for the offence punishable u/s 363, 366A/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor

Patna High Court CR. MISC. No.42002 of 2023(2) dt.25-07-2023 2/3 daughter of the informant for the purpose of marriage with the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The victim in her statement recorded under Section 164 of the Cr.P.C. has not stated that she was not forced to have illicit relation with another person. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 18.5.2023 passed in Cr. Misc. No. 7159 of 2023. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.1.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Janakinagar P.S. Case No.

Patna High Court CR. MISC. No.42002 of 2023(2) dt.25-07-2023 3/3 280 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T