Patna High CourtCR. MISC./24141/2017bail granted

Manish Yadav v. The State Of Bihar

2017-06-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24141 of 2017 Arising Out of PS.Case No. -140 Year- 2016 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Manish Yadav Son of Wakil Yadav, Resident of Village- Sisai Ekawan Tola, P.S.- Goriyakothi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366 and 120B of the Indian Penal Code.

The FIR relates to inducement of the victim-girl to go with the petitioner and her abduction. The victim-girl is a student of postgraduate studies and in her statement under Section 164 Cr.P.C. she has stated that she was forcefully abducted by the petitioner.

However, a perusal of the entire statement would reveal that the matter is of movement with consent as she traveled with the petitioner up to Delhi without making any protest to anyone. The petitioner was insisting to marry with her. Some of

Patna High Court Cr.Misc. No.24141 of 2017 (4) dt.28-06-2017 2/2 the witnesses have also supported that both were meeting in the post.

Considering the facts aforesaid, in my view, the petitioner who is in custody since 07.02.2017, deserves bail, especially in view of the fact that the investigation is complete and there is no allegation of tampering with the evidence. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan/successor Court in connection with Goriyakothi Police Station Case No. 140 of 2016, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T