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Patna High CourtCR. MISC./41197/2016bail granted

Anil Yadav And ANR v. The State Of Bihar

2016-12-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41197 of 2016 Arising Out of PS.Case No. -182 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Anil Yadav Son of Late Kailash Yadav

2. Janardan Prasad Yadav @ Manjhala @ Janardan Kumar @ Janardan Prasad S/o Anil Yadav, Both residents of Village- Cheram, P.O. & P.S.- Harnaut, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Upadhyay, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-12-2016 Supplementary affidavit has been filed on behalf of the petitioners. The same be kept on the record.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 363 and 366(A) of the Indian Penal Code.

Allegation is that the accused persons including the petitioners kidnapped the minor daughter of the informant. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the

Patna High Court Cr.Misc. No.41197 of 2016 (3) dt.13-12-2016 2/2 present case. From perusal of Annexure-4 to the supplementary affidavit, it is evident that the victim has been examined under Section 164 Cr.P.C. She has categorically stated that she has got married to one Ajit out of her own will. The allegations made in the F.I.R. have not been supported by the victim. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Harnaut P.S. case No.182 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T