Raj Kumar Yadav @ Kewal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55277 of 2023 Arising Out of PS. Case No.-53 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Raj Kumar Yadav @ Kewal Yadav S/O Late Subhash Yadav Resident Of Village- Bedwaniya, P.S- Kateya, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363(a), 366(a), 120(B) of the Indian Penal Code.

It is a case of commission of kidnapping of the minor daughter of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence

Patna High Court CR. MISC. No.55277 of 2023(3) dt.17-10-2023 2/3 of 22.11.2017, F.I.R was registered on 28.11.2017 without explaining the delay. The victim was recovered and in her statement recorded under Section 164 Cr.P.C though she has stated that petitioner was involved in her kidnapping but she has not alleged any physical or sexual assault against the petitioner. There is previous land dispute between the parties and there is contradiction between the 161 and 164 Cr.P.C statement of the victim girl. The petitioner is languishing in custody since 12.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the fact aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.55277 of 2023(3) dt.17-10-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 53 of 2018.

(Sunil Kumar Panwar, J) Shageer/- U T