Dhodhi Yadav @ Dhoriya @ Dhodhai Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67983 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KADWA District- Katihar ====================================================== Dhodhi Yadav @ Dhoriya @ Dhodhai Yadav S/O Late Fatkan Yadav @ Late Latkan Yadav R/O Village- Nikhra Kamreli, P.S.- Kadwa, District- Katihar ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Md. Juber S/O Late Muddin R/O Village- Parmeli, P.S. Kadwa, District Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Chandra Prasad, Adv.
For the Opposite Party/s :
Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Kadwa P.S. Case No. 99 of 2023 (G.R. No. 2802/2023) dated 18.05.2023 registered for the offences punishable u/ss 363, 364, 366, 366A, 120B of the Indian Penal Code and section 3⁄4 of the POCSO Act.
3. As per the prosecution case, the co-accused persons and two unknown persons are alleged to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.67983 of 2024(2) dt.11-12-2024 2/3 this case. The name of the petitioner has surfaced in this case merely on suspicion. The allegation against the petitioner is of getting the victim married to the co-accused, Tinku. It is further submitted that the petitioner has no concern with the alleged offence. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. The co-accused person has already been granted regular bail by this court vide order dated 01.08.2024 passed in Cr. Misc. No. 52926 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Katihar in connection with Kadwa P.S. Case No. 99 of 2023 (G.R. No. 2802/2023), subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioner is directed to remain physically present
Patna High Court CR. MISC. No.67983 of 2024(2) dt.11-12-2024 3/3 before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T