Dukhan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52588 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -KATORIA District- BANKA ======================================================

1. Dukhan Yadav, S/o Late Jagdish Yadav, Resident of Village- Sihuliya, Police Station- Katoriya, District- Banka.

2. Pramod Yadav @ Pramod Kr. Yadav, S/o Jiten Yadav, Resident of Village- Umari, P.S.- Banka, District- Banka. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The F.I.R. relates to kidnapping of the daughter of the informant.

Submission of the learned counsel for the petitioners is that Annexue-2 reveals that the daughter of the informant and co-accused Sunil Yadav sworn an affidavit before the Notary that they have married voluntarily in a temple. After lodging of the case by parents of the girl, her statement was recorded under Section 164 Cr.P.C. wherein

Patna High Court Cr.Misc. No.52588 of 2017 (2) dt.09-11-2017 under pressure of the parents she stated that she was forcefully taken by co-accused Sunil Yadav. Though Pramod Yadav was also there but he left the Company soon thereafter.

Considering the fact that the matter relates to love affair, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Katoria P.S.Case No. 28 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T