Sashi Kumar Yadav @ Sashi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49585 of 2023 Arising Out of PS. Case No.-326 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== SASHI KUMAR YADAV @ SASHI YADAV S/O Pramod Prasad Yadav R/O Village- Govindapur, P.S- Kalyanpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 341, 323, 363, 366(A), 376, 504/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner had abducted the informant and on the pretext of marriage, established physical relationship with her.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet

Patna High Court CR. MISC. No.49585 of 2023(3) dt.20-09-2023 2/2 will, she has eloped from her house and performed marriage in Durgapur Temple and out of the said wedlock, there is a male child and she also asserted that she wants to withdraw the case as after prevailing good sense, compromise has taken place between both the parties. Petitioner is languishing in judicial custody since 18.4.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, East Chmparan, Motihari in connection with Kalyanpur P.S. Case No. 326 of 2022.

(Sunil Kumar Panwar, J) sushma/- U