Devendra Prasad Yadav @ Vidyanand Yadav @ Devendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64582 of 2018 Arising Out of PS. Case No.-312 Year-2017 Thana- SONBERSA District- Sitamarhi ====================================================== DEVENDRA PRASAD YADAV @ VIDYANAND YADAV @ DEVENDRA PRASAD, Son of Rampragas Yadav @ Ram Prakash Yadav, Resident of Village- Narkatiya, Post- Dalkawa, P.S.- Sonbarsa, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Sonbarasa P.S. Case No. 312 of 2017 instituted for the offence under Section(s) 363 and 366A Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner has clean antecedent. Victim girl has given statement under Section 164 Cr.P.C. stating therein that she was not kidnapped by anybody. Victim has stated her age to be 16 years. Court below has assessed the age of victim to be 16 years. Victim girl has been medically examined, wherein Medical Board has assessed her age to be between 19-21 years. In the written report there is allegation that minor

Patna High Court Cr.Misc. No.64582 of 2018(3) dt.06-12-2018 2/2 daughter of informant, aged about 15 years, was kidnapped by this petitioner when she had gone to attend call of nature with her mother.

Learned counsel for the petitioner has submitted that victim girl has specifically stated in her statement recorded under Section 164 Cr.P.C. that she had gone to the house of her Mama and stayed there for about 15 days.

Petitioner is in custody since 20.06.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the 1st Additional Sessions Judge, Sitamarhi, in connection with Sonbarasa P.S. Case No. 312 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T