Jagdish Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4162 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -PASRAHA District- KHAGARIA ======================================================
1. Jagdish Yadav, S/o Narayan Yadav,
2. Sheela Devi W/o Jagdish Yadav, Both R/o Village- Piparpanti, P.S.- Pasraha, District- Khagaria.
3. Neelam Devi W/o Jito Yadav, R/o Village- Sadampur, P.S. Balia, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Petitioners are languishing in judicial custody since 18.08.2017 in connection with Pasraha P.S. Case No. 09 of 2017 for offences punishable under Sections 366A, 504, 506/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter Divya Kumari age 12 years was taken
Patna High Court Cr.Misc. No.4162 of 2018 (3) dt.17-02-2018 2/3 away by one Mithun Kumar who is son of the petitioner no.
1. The petitioner no. 2 is the wife of petitioner no. 1 and petitioner no. 3 is the married daughter of petitioner no. 1 and 2 who lives in another village.
It has been submitted by the learned counsel for the petitioners that they are innocent, bear no criminal history and there was a love affair between the said Mithun Kumar and the victim girl. He submits that charge-sheet has already been submitted and considering the period of custody a sympathetic consideration be given.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on 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 Chief Judicial Magistrate, Khagaria in connection with Pasraha P.S. Case No. 09 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioners having sufficient immovable property, who will file an affidavit stating his
Patna High Court Cr.Misc. No.4162 of 2018 (3) dt.17-02-2018 3/3 relationship with the petitioners.
(Nilu Agrawal, J) Devendra/- U T