Patna High CourtCR. MISC./3567/2017bail granted

Hare Ram Yadav And ANR v. State Of Bihar And ANR

2017-02-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3567 of 2017 Arising Out of PS.Case No. -1760 Year- 2015 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ======================================================

1. Hare Ram Yadav, son of Late Ram Chandra Yadav,

2. Vikash Kumar Yadav, son of Sri Hare Ram Yadav, Both resident of Bawanganj, Police Station - Korha, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jay Ram Yadav, S/o Ram Chandra Yadav, R/o Bawanganj, P.S. - Korha, Dist - katihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Sah, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in CA Case No.1760 of 2015 (arising out of Korha P.S. Case No.163 of 2014) instituted for the offence under Sections 364 and 120B of the Indian Penal Code.

It has been submitted on behalf of the petitioners that the victim boy on his recovery has not taken the name of the petitioners in his statement recorded under Section 164 Cr.P.C. The informant has alleged in the written report that his son went to purchase books and did not return. The informant

Patna High Court Cr.Misc. No.3567 of 2017 (2) dt.09-02-2017 has raised suspicion against the petitioners and other accused persons of kidnapping of his son.

From the written report it appears that there is land dispute between the parties. The statement of the victim boy recorded under Section 164 Cr.P.C. has been enclosed as Annexure-3 in which the victim boy has not taken the name of the petitioners. Therefore, prayer of the petitioners for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with CA Case No.1760 of 2015 (arising out of Korha P.S. Case No.163 of 2014), they shall be released on anticipatory 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 Magistrate1st Class, Katihar, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J) Arvind/- U T