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Patna High CourtCR. MISC./45429/2024bail granted

Satyam Kumar @ Satyam Raj @ Dilkhush @ Satyam Kumar Yadav v. The State Of Bihar

2024-09-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45429 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- JOGBANI District- Araria ====================================================== Satyam Kumar @ Satyam Raj @ Dilkhush @ Satyam Kumar Yadav S/O Bisho Yadav R/O Villlage- Bishanpur Pipra, P.S- Jogbani, Distt.- Araria. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Yadubir Yadav S/O Late Domo Yadav R/O Village- Bishanpur Pipra, P.SJogbani, Distt.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A), 504, 506 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that Jago Yadav had approached this Court seeking anticipatory bail by filing Cr. Misc No. 55249 of 2024 and the same was allowed by an order dated 14-8-2024. It is further submitted that Jago Yadav is own uncle of the present petitioner.

4.

It is next submitted that petitioner is a person with

Patna High Court CR. MISC. No.45429 of 2024(3) dt.19-09-2024 2/3 clean antecedent and the informant alleges that his daughter was sleeping in her room on 02.03.2024, further at 05:00 AM on 03.03.2024 she went missing, it is next alleged that informant came to know that the accused persons abducted his daughter for the purposes of marriage with the petiiotner, hence he went to the house of the petitioner, when Bisho Yadav, Savatri Devi and Jago Yadav abused him and threatened to kill his daughter. 5.

It is next submitted that the victim has come back and her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the case of the prosecution. It is also submitted that victim is a major aged about 18 years. It is thus submitted that when the victim has not supported the case of the prosecution in her statement recorded under Section 164 Cr.P.C, no useful purpose would be served by sending the petitioner to jail.

6.

Learned A.P.P. for the State and learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.

7.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.45429 of 2024(3) dt.19-09-2024 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jogabani P.S. Case No. 57 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T