Roshan Kumar Yadav @ Roshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64076 of 2024 Arising Out of PS. Case No.-190 Year-2024 Thana- SIMRI District- Buxar ====================================================== Roshan Kumar Yadav @ Roshan Yadav S/O Shivji Yadav R/O VillageKeshopur, P.S- Simri, Distt.- Buxar .. ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manoj Chaudhary S/O Sri Bikrama Chaudhary R/O Villag- Manikpur, P.SSimri, Distt.- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghwendra Pratap Singh, Adv For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Simri P.S. Case No. 190 of 2024 dated 03.06.2024 registered for the offences punishable u/s 366(A), 504 and 506 read with section 34 of the Indian Penal Code and 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.64076 of 2024(2) dt.05-10-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there was love affair between the victim girl and the co-accused Dheeraj Yadav. As per the statement recorded under Section 164 of the Cr.P.C. the victim has not taken the name of the petitioner and she left her home with her own will and solemnized marriage with Dheeraj Kumar. The name of the petitioner has transpired in this case only on the basis of the suspicion. It is further submitted that the victim was not forced or seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar, in connection with Simri P.S. Case No. 190 of 2024.

Patna High Court CR. MISC. No.64076 of 2024(2) dt.05-10-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T