Patna High CourtCR. MISC./14896/2017bail granted

Arvind Yadav v. The State Of Bihar

2017-05-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14896 of 2017 Arising Out of PS.Case No. -213 Year- 2014 Thana -KUSHESHWAR ASTHAN DistrictDARBHANGA ======================================================

1. Arvind Yadav, Son of Anirudh Yadav, @ Anirudh Yadav, resident of Village- Shripur Govrahi, P.S.- Kusheshwar Asthan, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2017 Heard both sides.

The petitioner seeks bail in Kusheshwar Asthan P.S. case No. 213 of 2014 under Section 363, 366, 366A, 120B of the Indian Penal Code.

The informant alleged that petitioner and others kidnapped his minor daughter.

The learned counsel for the petitioner submits that petitioner and the victim were loving each other. The victim left her house and went along with petitioner to Delhi but the victim did not raise any alarm. The petitioner solemnized marriage with the victim. The victim disclosed her date of birth as 05.01.1995 but when she returned she resiled from her earlier statement and

Patna High Court Cr.Misc. No.14896 of 2017 (3) dt.11-05-2017 2/2 made allegation that petitioner kidnapped her and committed rape with her. The doctor has also assessed the age of the victim about 17 years. The victim disclosed that petitioner and Shobha Nand Yadav kidnapped her on the point of pistol. They took her to Deoghar and thereafter Delhi. The petitioner forcibly married with her.

It appears that the victim left along with petitioner to different places but she did not raise any alarm. The victim appears to be a consenting party Considering the facts aforesaid and the fact that petitioner is in jail since 19.11.2016, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Biraul, Darbhanga in Kusheshwar Asthan P.S. Case No. 213 of 2014.

(Prabhat Kumar Jha, J) BKS/- U T