Ram Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56395 of 2024 Arising Out of PS. Case No.-63 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Ram Kumar Yadav Son of Satte Lal Yadav @ Vishundeo Yadav R/O Vill.- Sonmati, P.S.- Babubarhi, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-01-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Ladaniya P.S.Case No.63 of 2024 (GR No.530 of 2024) registered for the offences punishable under Sections 363 and 366 read with Section 34 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioner kidnapped the daughter of the informant with an intention to get married with her.

4. Learned counsel appearing on behalf of the petitioner submitted that the statement of the victim girl has been recorded under Section 183 of BNSS, in which she has not supported the allegation made in the FIR against the petitioner

Patna High Court CR. MISC. No.56395 of 2024(3) dt.18-01-2025 2/3 rather she has stated that she had eloped with one Durg Singh Lodhi and being major, she married with him and she is pregnant of about eight months. She has specifically stated in her statement recorded under Section 183 of BNSS that the petitioner has neither kidnapped nor sexually assaulted her.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the victim girl, who is major, has specifically stated in her statement recorded under Section 183 of BNSS that the petitioner has neither kidnapped nor sexually assaulted her, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Madhubani/concerned court, in connection with Ladaniya P.S.Case No.63 of 2024, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been

Patna High Court CR. MISC. No.56395 of 2024(3) dt.18-01-2025 3/3 stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T