Ravindra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30151 of 2017 Arising Out of PS.Case No. -154 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Ravindra Kumar Yadav, S/o Lal Babu Yadav, Village- Nainaghat, P.S. Sadar (Bhatpatti O.P), District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Shahnawaz Ali, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Darbhanga Sadar P.S. Case No. 154 of 2016 instituted for the offence under Sections 363 and 366(A) of the Indian Penal Code.

It is alleged that daughter of the informant has gone for private tuition and he did not return. The informant learnt during search that one Rabindra Kumar and his mother have kidnapped her minor daughter.

Case diary has been received.

The Statement of the victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated that she voluntarily married with this petitioner.

The learned Magistrate has assessed her age during course of statement recorded under Section 164 Cr. P.C. as 18 years whereas

Patna High Court Cr.Misc. No.30151 of 2017 (3) dt.03-08-2017 2/2 the doctor has assessed her age in her medical examination as 17-18 years. The medical report has been enclosed in the bail petition as Annexure-2.

In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Darbhanga Sadar (Bhalpatti O.P.) P.S. Case No. 154 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T