Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39138 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -KAWA KOLE District- NAWADA ======================================================

1. Umesh Yadav son of Sadhu Yadav @ Sadhu Saran Yadav resident of Village - Kolhuabar, P.S. - Kawakole, District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Deepak Kumar For the Opposite Party/s : Mr. Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kawakole P.S. Case No. 97 of 2017 instituted for the offence under Sections-366(A)/34 of the Indian Penal Code.

The petitioner is uncle of co-accused Naveen Yadav. The victim girl has given statement u/S 164 of the Cr.P.C., which is annexed as Annexure-3 to this petition, wherein she has levelled allegation against co-accused Naveen Yadav, who kept her in Bihar Sharif in a room and, committed illegal act. She has stated that she has gone with Naveen Yadav. It has further been submitted that both Naveen Yadav and the victim girl have performed marriage, in support of which, they have sworn affidavit before the Notary Public (Annexure-2).

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.39138 of 2017 (3) dt.31-08-2017 2/2 allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Kawa Kole P.S. Case No. 97 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Nawada subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T