Baiju Singh @ Baiju Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53938 of 2024 Arising Out of PS. Case No.-181 Year-2022 Thana- NADI P.S. District- Patna ====================================================== 1.

Baiju Singh @ Baiju Prasad Yadav Son of Late Brahmdev Singh R/O Vill.- Nizampur, P.s.- Didarganj, Dist.- Patna 2.

Dashrath Kumar @ Dashrath Yadav Son of Baiju Singh @ Baiju Prasad Yadav R/O Vill.- Nizampur, P.s.- Didarganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nadi P.S. Case no. 181 of 2022 instituted for the offence under Section 366A of the Indian Penal Code.

Allegation against the petitioners along with other coaccused person is that they abducted the daughter of the informant for the purpose of marriage when she went to her coaching class.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.53938 of 2024(2) dt.02-08-2024 2/3 has submitted that petitioners are innocent and have committed no offence. The petitioners are not named in FIR rather their name came during the course of investigation. The statement of the victim was recorded under Section 164 of the Cr.P.C. wherein she stated that she solemnized marriage with one co-accused Tuntun Kumar in Court on 22.07.2022 out of her own sweet will and in support of this marriage certificate has been annexed at Annexure-P/3. She did not whisper any complicity of the petitioners in this alleged offence. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

Learned APP for the State has opposed the prayer of bail of the petitioners.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nadi P.S. Case no. 181 of 2022, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna City, Patna subject to the conditions as laid down under

Patna High Court CR. MISC. No.53938 of 2024(2) dt.02-08-2024 3/3 section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) shubham/- U T