Patna High CourtCR. MISC./10259/2016dismissed

Dayal Yadav @ Dayanand Yadav And ANR. v. The State Of Bihar

2016-04-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10259 of 2016 Arising Out of PS.Case No. -42 Year- 2014 Thana -ASARGANJ District- MUNGER ======================================================

1. Dayal Yadav @ Dayanand Yadav, son of Ranjit Yadav

2. Ganga @ Jaso Devi, wife of Ranjit Yadav Both resident of VillageChhoti Korian, P.S.- Asarganj, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 366A/34 of the Indian Penal Code. Allegation against the petitioners is that they assisted in fleeing away the victim girl of the informant with Akshay Kumar and another.

It is submitted on behalf of the petitioners that they have got no criminal antecedent. They have been made accused due to mistake of fact. The main allegation is against Akshay Kumar. Petitioners have been made accused only because they happen to be parents of the cousin brother of Akshay Kumar. The other coaccused have been acquitted by the court below. On behalf of the State, it is submitted that petitioners are named in the F.I.R. and the victim girl has not yet been recovered. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners, same is rejected.

Any how, if petitioners surrender in the court below, i.e., learned Judicial Magistrate, Ist Class, Munger , in connection with

Patna High Court Cr.Misc. No.10259 of 2016 (2) dt.08-04-2016 2/2 Asarganj P. S. Case no. 42 of 2014 ( G.R. no. 900 of 2014) within a period of six weeks from the date of receipt of a copy of this order and pray for regular bail, same shall be considered and disposed of on its own merit without being prejudiced by this order.

(Sudhir Singh, J) sudip/- U T