Bibek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2333 of 2017 Arising Out of PS.Case No. -275 Year- 2011 Thana -SAUR BAZAR District- SAHARSA ====================================================== Bibek Yadav, Son of Bhupendra Yadav, Resident of Village - Sour Bazar, Ward No. 7, P.S. - Sour Bazar, District - Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-04-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sour Bazar P.S. Case No. 275 of 2011, registered under Section 364/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Saharsa.

The accusation is of kidnapping of minor daughter of the informant by his father Yugal Yadav, uncle Bhupendra Yadav and cousin Vivek Yadav (petitioner) due to land dispute. Learned counsel for the petitioner submits that admittedly the petitioner is the cousin of the informant, but he has falsely been implicated in this case.

On the other hand, learned A.P.P. appearing on behalf of the State opposed the prayer of anticipatory bail of the

Patna High Court Cr.Misc. No.2333 of 2017 (4) dt.25-04-2017 2/2 petitioner with submission that up till now, the minor daughter of the informant has not been recovered.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T