Navin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56407 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -KAUAKOL District- NAWADA ====================================================== Navin Yadav, Son of Ram Balak Yadav, Resident of Village- Kolhuabar, P.S.- Kawakole, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Sri Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant. The petitioner, who is in custody, seeks bail in connection with Kawakole P.S. Case No. 97 of 2017 registered for the offence punishable under Sections 366 (A)/34, 376 of the Indian Penal Code and Section 10 of POCSO Act. The allegation against the petitioner is of kidnapping the minor daughter of informant with intent to marry her and has been contended on behalf of learned counsel for the petitioner that the petitioner and victim girl entered into marriage in a Mandir and in support they have enclosed marriage certificate of the said Mandir as Annexure-2 dated 10.06.2017. The girl in her statement before the learned Magistrate under Section 164 had stated that

Patna High Court Cr.Misc. No.56407 of 2017 (4) dt.11-01-2018 2/2 she was forcefully kidnapped by the petitioner and had continuously physical relation with her for 11 days. The medical report confirms the age of the girl between 16-17 years and has not found any type of violence against the victim and also there is no evidence of any sexual intercourse with victim. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 17.07.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge- Cum-Special Judge, Nawada, in connection with Kawakole P.S. Case No. 97 of 2017. (S. Kumar, J) veena/- U T