Vijay Yadav @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51716 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== VIJAY YADAV @ PINTU KUMAR, aged about 21 years, Male, Son of Khedan Yadav, Resident of Village- Nautan Balua, P.S.- Nautan Balua, P.S.- Nautan, District- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Nautan P.S. Case No. 181 of 2019 for the offences alleged under Sections 363 and 366A of the Indian Penal Code. The accusation is that at about 09.00 p.m. on 29.04.2019, thirteen years old daughter of the informant had gone to attend the call of nature, but, she did not return. The informant came to know that Vijay Yadav (petitioner) with the help of his father, Khedan Yadav, kidnapped his daughter for the purpose of marriage. When the informant went to Khedan Yadav, he was abused by Khedan Yadav and he snatched Rs.5,000/- from the pocket of the informant.

The submission of the learned counsel for the petitioner is that in fact due to love affairs the daughter of the informant left the house with the petitioner, Vijay Yadav. The

Patna High Court CR. MISC. No.51716 of 2019(2) dt.20-08-2019 2/2 daughter of the informant in her statement under Section 164 of the Criminal Procedure Code has stated about the performance of her marriage with the petitioner on her own sweat will at Someshwar Mahadev Mandir, Areraj. In medical examination the age of the victim has been assessed in between 17 to 19 years.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Nautan P.S. Case No. 181 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T