Mandal Yadav@ Suryadeo Yadav@ Surajdev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6712 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- KAKO District- Jehanabad ====================================================== Mandal Yadav@ Suryadeo Yadav@ Surajdev Yadav Son Of Chanarik Yadav Resident of Village- Bara Tola Kothia, Police Station- Kako,(Bhelawar O.P) District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Kako (Bhelawar) P.S. Case no. 48 of 2020 registered under sections 366A and 34 of the Indian Penal Code.

As per the allegation in the F.I.R., it is stated by the informant that the accused persons including the petitioner herein have a hand in the disappearance of his minor daughter. On enquiry from the named accused persons it transpired that she had gone along with one Rakesh Kumar.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.6712 of 2021(3) dt.23-06-2021 2/3 that the allegations as levelled against the petitioner in the FIR are false and concocted. He had neither direct nor any indirect connection in the disappearance of the informant's daughter. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. wherein no overt act has been alleged against this petitioner. The petitioner is in custody since 28.6.2020 and has no criminal antecedent. The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that from the materials that has transpired in course of investigation, it appears that the wife of this petitioner has a hand in the disappearance of the informant's daughter.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the material that has transpired in course of investigation including the contents of the victim's statement under section 164 Cr.P.C and the petitioner having remained in custody for almost 1 year, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kako (Bhelawar) P.S. Case no. 48 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.6712 of 2021(3) dt.23-06-2021 3/3 learned Chief Judicial Magistrate, Jehanabad. (Partha Sarthy, J) Bibhash U