Puran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65956 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- SUIYA District- Banka ====================================================== Puran Yadav Son Of Jago Yadav Resident Of Village -Mehdi, Police Station -Suiya, District -Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State in virtual court proceedings. Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A) of the Indian Penal Code.

As per prosecution case, in brief, is that on 16.07.2021 when the minor daughter of the informant namely Sunita Kumari went to study in a coaching centre situated in Suiya Bazar, the accused petitioner abducted her for the purpose of marriage.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65956 of 2021(2) dt.22-04-2022 2/3 petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that in fact the petitioner was in love with the victim girl and the victim fled away with the petitioner. He further submits that after recovery of the victim girl her statement under Section 164 Cr. P.C. was recorded in which no allegation of sexual assault has been alleged by her against the petitioner. It also appears from Annexure-3 that she has been refused for medical examination in presence of her father. He further submits that the doctor has assessed the age of victim girl to be of 17 years and the petitioner is in custody since 20.07.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Suiya P.S. Case No. 53 of 2021, with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.65956 of 2021(2) dt.22-04-2022 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U