Mital Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22987 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -DHARHARA DistrictMUNGER =====================================

1. Mital Yadav, Son of Kapo Yadav @ Kapil Yadav, resident of village - Bari Gobindpur, P.S.-Dharahra, District-Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Jyoti Ranjan Jha, Adv. For the Opposite Party/s : Mr. Ashraf Ansari (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-05-2016 Heard the parties.

This application, for grant of regular bail, arises out of Dharahra P.S. Case No.117 of 2015, disclosing offences under Sections 364A/34 of the Indian Penal Code.

The petitioner, along with other accused persons, has been named in the First Information Report, on the basis of a written report of the informant to the police. It is alleged in the First Information Report that co-accused, namely, Viyas

Patna High Court Cr.Misc. No.22987 of 2016 (2) dt.24-05-2016 2/3 Yadav, kidnapped the informant's son and three days before the said kidnapping, the present petitioner and said Viyas Yadav had gone to the residence of informant and demanded Rs.2,00,000/-, by way of extortion.

Learned counsel, appearing on behalf of the petitioner, has submitted that the victim was recovered on the very next morning and his statement was recorded under Section 164 of the Code of Criminal Procedure. It has been submitted that in his statement, the victim, namely, Sonu Kumar, did not name the petitioner, in any manner, though there is specific allegation against co-accused, Viyas Yadav, in the said kidnapping.

Considering the submission, as above, this application is allowed. The petitioner, abovenamed, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Munger, in connection with Dharahra P.S. Case No.117 of 2015.

This is subject to the condition that the petitioner, abovenamed, shall present himself before

Patna High Court Cr.Misc. No.22987 of 2016 (2) dt.24-05-2016 3/3 the police/Court, as the case may be, as and when required, and in the event of failure on his part to appear before the Court, on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T