Tribhuwan Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62304 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- ADAPUR District- East Champaran ====================================================== 1.

TRIBHUWAN PRASAD YADAV Son of Late Aslok Prasad Yadav Resident of Village - Chainpur, P.s.- Adapur, Dist.- East Champaran. 2.

Prabhawati Devi @ Kalawati Devi W/o Sri Tribhuwan Prasad Yadav Resident of Village - Chainpur, P.s.- Adapur, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 363, 365/34 of the Indian Penal Code.

As per the prosecution case, all the accused persons including these petitioners kidnapped the daughter of the informant.

It is submitted on behalf of petitioners that petitioners have committed no offence and have been falsely implicated in this case only because petitioners happen to be parents of coaccused Kunal Kumar. In fact, son of petitioners was kidnapped, for which, Adapur P.S. Case No. 119 of 2021 was lodged by petitioner no. 1 and only after coming to know this fact, the

Patna High Court CR. MISC. No.62304 of 2021(4) dt.16-08-2022 2/2 present F.I.R. was lodged by informant after a delay of 19 days without there being any explanation of delay. The daughter of the informant is major. Petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Raxaul at Motihari, East Champaran in connection with Adapur P.S. Case No. 120 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T