Satendra Yadav @ Boss Yadav @ Satendra Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12482 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================
1. Satendra Yadav @ Boss Yadav @ Satendra Kumar, Son of Khalifan Yadav
2. Khalifan Yadav, Son of Late Dudhnath Yadav, Both Resident of Village- Dyne Bigha, P.S.- Karpi, District- Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Rabindra Kumar For the Opposite Party/s : Mr. Parmanand Prasad For the Informant : Mr. Vinay Mistry ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard the parties.
The petitioners are apprehending their arrest in connection with Karpi P.S. Case No. 07 of 2017 registered for offences punishable under sections 363, 365 and 34 of the Indian Penal Code.
It is alleged that petitioners have kidnapped the victim boy.
It has been submitted on behalf of the petitioners that there is nothing against the petitioners. It is said that the petitioners have earlier threatened the informant about the dire consequences. It has also been submitted that petitioners have
Patna High Court Cr.Misc. No.12482 of 2017 (3) dt.27-04-2017 clean antecedent and there is nothing even during the course of investigation except suspicion.
Heard learned APP as well as learned counsel for the informant.
Learned counsel for the informant has submitted that there is strong suspicion against the petitioners and further the other co-accused are threatening the informant to withdraw the case then the boy would be returned.
Having heard both sides and in view of the facts and circumstances as stated above, let the petitioners named above, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal in connection with Karpi P.S. Case No. 07 of 2017; subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court;
(ii) The petitioner shall co-operate in the investigation of the case and make themselves available as and when required
Patna High Court Cr.Misc. No.12482 of 2017 (3) dt.27-04-2017 by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond; and (iii) If any serious incriminating material is found against the petitioners during the course of investigation, the prosecution would be at liberty to move for cancellation of their bail bonds.
This application is accordingly allowed.
(Vinod Kumar Sinha, J) S.Sb/- U T