Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25144 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -BANKA District- BANKA ======================================================
1. Surendra Yadav son of Late Sadhu Yadav, resident of village- Galgalla, P.S.- Banka, District- Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-07-2015 Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 09.01.2015 in a case registered for the offences punishable under Sections 364, 366A/34 of the Indian Penal Code. Accusation is of kidnapping the daughter-in-law of the informant.
It is submitted by the learned counsel for the petitioner that the statement of the victim under Section 164 Cr.P.C. suggests that at the initial stage of abduction the petitioner along with Sunil persuaded the victim and thereafter she was taken to Jasidih and Tatanagar by co-accused Sunil Yadav where she was ravished by co-accused Sunil Yadav. Under Section 164 Cr.P.C. statement victim has stated that at the instance of this petitioner, who happens to be the brother-in-
Patna High Court Cr.Misc. No.25144 of 2015 (2) dt.21-07-2015 law of the husband of the victim, Sunil Yadav committed the offence, but the thrust of accusation is against Sunil Yadav and the accusation of established forceful physical relationship is not against the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the aforementioned facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Vth , Banka in connection with Banka P.S. Case no. 11 of 2015.
(Dinesh Kumar Singh, J) P.K./- U T