Manizar Yadav And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8919 of 2015 Arising Out of PS.Case No. -209 Year- 2014 Thana -BANKA District- BANKA ======================================================
1. Manizar Yadav Son of Late Nepali Yadav
2. Pradeep Yadav Son of Sitabi Yadav Both resident of village - Kakbara, Tola Umari, Police Station - Banka, District - Banka .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. R.S.Choudhary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-03-2015 Heard both sides.
The petitioners, two in number, apprehend their arrest in a case under Sections 498, 494, 366, 34 of the Indian Penal Code.
The informant made allegations that his daughter was married to Bhado Yadav and she got a child, aged about 2 years, but petitioner no. 1 Manizar Yadav, petitioner no. 2 Pradeep Yadav, Munishwari Devi and others kidnapped his daughter for the purpose of marriage.
It is submitted that Kavita Devi was in love with Arvind Kumar and she herself left her house. The petitioners did not kidnap her. The police, after completion of investigation, submitted chargesheet under Section 366 and other sections of the
Patna High Court Cr.Misc. No.8919 of 2015 (2) dt.04-03-2015 2/2 Indian Penal Code only against Arbind Yadav, but the learned Chief Judicial Magistrate took cognizance against the petitioners also.
Having considered the fact that the victim is a major and the police, after investigation, found the accusations against the petitioners false, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in Banka P.S. Case No. 209 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T