Chintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53989 of 2022 Arising Out of PS. Case No.-99 Year-2022 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== CHINTU YADAV SON OF KAPIL YADAV R/O VILLAGE- PANCHU BIGHA, P.S.- CHAKAND, DISTRICT- GAYA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

The informant alleges that on 20.04.2022, at about 7:30 pm, his daughter, aged about 17 years, had gone to attend natures call but did not return.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.07.2022 and is a person with clean antecedent.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner is brother-in-law of the victim and the victim has come back and her statement was recorded under

Patna High Court CR. MISC. No.53989 of 2022(2) dt.04-01-2023 2/2 Section 164 of CrPC, wherein, she has not supported the case of the prosecution. It is also submitted that she had left her home on her own volition, as would appear from her statement recorded under Section 164 CrPC, though, the age of the victim is 17 years but then she had reached the age of discretion where she could take decision and understand the consequences of her action.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Magadh University P.S. Case No. 99 of 2022.

(Satyavrat Verma, J) HarshPandey/- U T