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Patna High CourtCR. MISC./43607/2024allowed

Sharavan Kumar Yadav @ Sharavan Yadav @ Shrawan Yadav v. The State Of Bihar

2024-06-25Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43607 of 2024 Arising Out of PS. Case No.-93 Year-2013 Thana- LAUKAHI District- Madhubani ====================================================== Sharavan Kumar Yadav @ Sharavan Yadav @ Shrawan Yadav Son Of Tej Narayan Yadav Village- Auraha, P.S.- Laukahi, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laukahi P.S. Case no. 93 of 2013 instituted for the offence under Sections 363, 364 and 34 of the Indian Penal Code. As per FIR, the informant alleged that the petitioner along with other co-accused persons abducted her son due to previous land dispute.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Due to previous dispute, case and counter case has also been lodged against the parties and due to which, petitioner has falsely been implicated in this present case. From perusal of the

Patna High Court CR. MISC. No.43607 of 2024(2) dt.25-06-2024 2/3 impugned order, it appears that as per statement of the victim recorded under Section 164 of the Cr.P.C., wherein he has stated that the petitioner and co-accused persons abducted him but he has not stated about any wrong committed with him. It is further submitted that for the purpose of abduction, neither ransom money has been demanded nor ransom demand has been executed. It is also submitted from para-19 of this petition that after completion of investigation, the petitioner has not been sent up for trial. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Other co-accused person has already been granted regular bail by this Court vide order dated 03.01.2024 in Cr. Misc. No. 61948 of 2023.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Laukahi P.S. Case no. 93 of 2013, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II,

Patna High Court CR. MISC. No.43607 of 2024(2) dt.25-06-2024 3/3 Jhanjharpur, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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