Parmeshwar Yadav And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37849 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -NAUHATTA District- SAHARSA ======================================================
1. Parmeshwar Yadav S/o Late Bilat Yadav
2. English Yadav @ Englesh Kumar Yadav S/o Rabindra Yadav Both R/o village - Birjein, P.S. Nauhatta ( Darhar O.P. ), District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366A, 384/34 of the Indian Penal Code.
Accusation is of kidnapping the minor daughter of the informant Sanjan Kumari by petitioner no. 1 namely Parmeshwar Yadav. In 164 Cr.P.C. statement the victim said that the petitioner no. 1 took her to his house and confined her in a room and suggested marry to with his grand son. The victim girl has stated that none misbehave with her.
It is submitted by the learned counsel for the petitioners that since the parents of the victim girl wanted to marry her with some
Patna High Court Cr.Misc. No.37849 of 2015 (2) dt.18-09-2015 old person, hence she took shelter in the house of petitioner no. 1, who is 80 years old.
Considering the fact that the victim girl has not alleged any misbehaviour, petitioner no. 1 is quite old and even in 164 Cr.P.C. statement the victim girl has not named the petitioner no. 2, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri A.Kumar, Judicial Magistrate, Ist Class, Saharsa in connection with Nauhatta P.S. Case No. 110 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T