Ram Autar Yadav @ Ramvtar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49264 of 2023 Arising Out of PS. Case No.-35 Year-2022 Thana- KALUAHI District- Madhubani ====================================================== 1.
RAM AUTAR YADAV @ Ramvtar Yadav Son of Late Ghuran Yadav Resident of Village-Pursauliya North Jhaua Tole, P.S.-Kaluahi, DistrictMadhubani 2.
RAM UDGAR YADAV @ DADGAR YADAV @ RAM UDGAR YADAV Son of Late Ghuran Yadav Resident of Village-Pursauliya North Jhaua Tole, P.S.-Kaluahi, District-Madhubani 3.
POOJA KUMARI D/o Ramavtar Yadav @ Ramvtar Yadav Resident of Village-Pursauliya North Jhaua Tole, P.S.-Kaluahi, District-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagandeo Yadav Mr. Ravi Prakash For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 363/ 366A/ 34 of the Indian Penal Code.
3. As per the prosecution case, these petitioners along with other accused persons kidnapped the minor daughter of the informant for the purpose of marriage.
4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. It is further submitted that specific
Patna High Court CR. MISC. No.49264 of 2023(2) dt.23-08-2023 2/2 accusation of kidnapping is against co-accused, Rakesh Yadav. Petitioner No.1 is father, petitioner No.2 is uncle and petitioner No.3 is sister of co-accused Rakesh Yadav and only allegation against them is that they assisted co-accused, Rakesh Yadav, in kidnapping. During the course of investigation the victim denied the prosecution case and stated that she was in love affair with co-accused, Rakesh Yadav and she went along with him at Delhi and solemnized marriage with him. Petitioners have got clean antecedent.
5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.
6. Considering the facts of the case and nature of accusation against the petitioners, let the petitioners, above named, in the event of their arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Madhubani in connection with Kaluahi PS case No. 35/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T