Deep Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51433 of 2023 Arising Out of PS. Case No.-159 Year-2022 Thana- JADIA District- Supaul ====================================================== 1.
Deep Narayan Yadav Son Of Ram Kishun Yadav Resident Of Village - Araraha, Ward No.4, P.S. - Narpatganj, District - Araria 2.
Raghunandan Yadav Son Of Ram Kishun Yadav Resident Of Village - Araraha, Ward No.4, P.S. - Narpatganj, District - Araria 3.
Jai Prakash Kumar @ Jay Prakash Yadav Son Of Panchu Yadav Resident Of Village - Araraha, Ward No.4, P.S. - Narpatganj, District - Araria 4.
Ashok Yadav Son Of Guneshwar Yadav Resident Of Village - Ghiwaha, P.S. - Forbesganj, District - Araria ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha. Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners, in the present case, are seeking prearrest bail in connection with Jadia P.S. Case No.159 of 2022 registered for the offences punishable under Sections 363 and 366/34 of the Indian Penal Code. The petitioners have got one criminal antecedent in which they are said to be on bail.
3. As per the prosecution story, the allegation against the petitioners is that they had involved in kidnapping of the daughter of the informant for the purpose of marriage.
Patna High Court CR. MISC. No.51433 of 2023(2) dt.23-08-2023 2/3
4. Learned counsel for the petitioners submits that it is a case of love affair between the son of petitioner no.1 namely Niraj Yadav and the daughter of the informant and the said Niraj Yadav has been arrested on 13.07.2022 in the present case from the house of the informant. Learned counsel submits that these petitioners have been falsely implicated in this case only because they happened to be the father, uncle and maternal uncle of the said Niraj Yadav.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having regard to the facts and circumstances of the case wherein it is submitted that it is a case of love affair between the son of petitioner no.1 namely Niraj Yadav and the daughter of the informant and the said Niraj Yadav has been arrested on 13.07.2022 in the present case from the house of the informant, the submission being that these petitioners have been falsely implicated in this case only because they happened to be the father, uncle and maternal uncle of the said Niraj Yadav and it further appears from the observations in the impugned order that the said Niraj Yadav has been charge-sheeted but investigation against these petitioners is still pending, this Court directs that in case of their arrest/surrender within a period of
Patna High Court CR. MISC. No.51433 of 2023(2) dt.23-08-2023 3/3 four weeks from today, let the petitioners above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Jadia P.S. Case No. 159 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) arvind/- U T