Patna High CourtCR. MISC./59136/2017bail granted

Upendra Yadav v. The State Of Bihar

2018-01-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59136 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -KHAJAULI District- MADHUBANI ====================================================== Upendra Yadav S/o Ramakishun Yadav @ Ram Kishun Yadav, R/o Village- Bela, P.S.- Jainagar, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Bharti, Adv. : Mr. Kanchan Jha, Adv.

For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2018 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 341,323,447,366(A), 376, 504, 506/34 of the Indian Penal Code and Section 3/4 of the POCSO Act.

Allegation against the petitioner is of kidnapping of the daughter of the informant aged about 17 years. The victim girl in her statement under Section 164 Cr.P.C. levelled allegation of kidnapping by the petitioner. However, the perusal of entire FIR and statement of the victim would reveal that the matter is of love affairs because the petitioner allegedly kept the victim for months at different places. However, the victim did not make any protest.

Patna High Court Cr.Misc. No.59136 of 2017 (3) dt.10-01-2018 There is no other allegation.

Considering the aforesaid facts, 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 Court below where the case is pending in connection with Khajauli Police Station Case No.30 of 2017 corresponding to G.R.No.34 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T