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Patna High CourtCR. MISC./53666/2022bail granted

Sachita Yadav @ Sachida Yadav @ Ledha Yadav v. The State Of Bihar

2023-02-14Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53666 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== 1.

Sachita Yadav @ Sachida Yadav @ Ledha Yadav S/o Late Jalo Yadav 2.

Gunjan Devi W/o Sachita Yadav @ Sachida Yadav @ Ledha Yadav Both resident of village- Herudiyara, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-02-2023 Let the defect(s), if any, pointed out by the office be removed within two weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners seek regular bail in connection with Kasim Bazar P.S. Case No. 64 of 2022 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

As per the prosecution, the informant's minor son aged about 14 years namely, Piyush Kumar had gone to market and did not return back.

Patna High Court CR. MISC. No.53666 of 2022(3) dt.14-02-2023 2/3 The main submissions advanced by the learned counsel Mr. Satya Prakash Parasar for the petitioners are that both the petitioners are husband and wife and petitioner no.

1 is the uncle of Kajal Kumari, with whom the petitioner's son was allegedly married forcefully and both the petitioners are uncle and aunt of the said Kajal Kumari and in the FIR there was no allegation of abduction of the informant's son and according to the prosecution's story the said victim went to market on his own volition and thereafter went missing, in actual the informant's son got married to said Kajal Kumari according to his own will and both got marriage certificate from the concerned temple and also sworn in their affidavits and copies of affidavit have been filed before this court vide Annexure-2. Further submission is that the petitioners have been languishing in jail since 15.06.

2022 having fair and clean antecedent and in the present time the informant's son and said Kajal Kumari are living as a husband and wife and in this regard a statement has been made in the present miscellaneous petition. Learned APP Rana Randhir Singh appearing for the State has opposed the bail prayer.

Having considered the above submissions and the period of custody undergone by the petitioners and their fair and

Patna High Court CR. MISC. No.53666 of 2022(3) dt.14-02-2023 3/3 clean antecedent, this court is inclined to accept their bail prayer. Accordingly, let the petitioners be released 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 the concerned Court in connection with Kasim Bazar P.S. Case No. 64 of 2022.

(Shailendra Singh, J) Rajiv/- U T