Uday Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60693 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- DHARHARA District- Munger ====================================================== UDAY YADAV S/O- Late Wakil Yadav R/O Village- Maharana, P.SDharhara, District- Munger ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra For the Opposite Party/s :
Mr. Anil Prasad Singh Mr. Raj Kishor Pd.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Dharhara P.S. Case No.79 of 2022, registered for the offence punishable under Sections 341, 448, 366(A), 379, 504, 506/34, 323 of the Indian Penal Code.
The allegation against the petitioner is that he alongwith other co-accused persons abducted the minor daughter of the informant. The accused persons also took several items including cash and ornaments from the house of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation
Patna High Court CR. MISC. No.60693 of 2022(2) dt.10-01-2023 2/3 levelled against the petitioner is not specific rather general and omnibus in nature. There is no direct allegation attributed against the petitioner. The petitioner and informant are covillager and due to panchayat election, some altercation took place between the them. He further submits that the petitioner is the father of co-accused Vikash Kumar. He further submits that from the perusal of para-54 of the case diary, the CDR of Vikash Kumar and victim, it is clear that the victim had called Vikash Kumar 13 times on 12.05.2022. It is submitted that the victim has love affair with Vikash Kumar since long and on the night of 12.05.2022, the victim alongwith Vikash Kumar and Sukhen Kumar went out from the house alongwith ornaments and cash. Petitioner has no criminal antecedent.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submits that the anticipatory bail of the wife of the petitioner has been rejected by this Court vide order dated 02.01.2023 passed in Cr. Misc. 56208 of 2022. It is further submitted that the victim girl is minor and she has supported the prosecution case in her statement recorded u/s 164 Cr.PC. Having regard to the facts and circumstances of the case, as the victim girl is a minor, I am not inclined to enlarge the
Patna High Court CR. MISC. No.60693 of 2022(2) dt.10-01-2023 3/3 petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
This application is accordingly, dismissed.
(Anjani Kumar Sharan, J) shikha/- U T