Laxuman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72201 of 2021 Arising Out of PS. Case No.-498 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== LAXUMAN YADAV SON OF SATYANARYAN YADAV RESIDENT OF VILLAGE- KASAP, P.S- UDWANT NAGAR, DIST- BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366A and 372 of the Indian Penal Code.

As per the prosecution case, the 14 year old daughter of the informant was taken away by the petitioner. The informant states that he is convinced that she has been taken away for selling her of.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Referring to the order of the learned trial court rejecting the application for bail of the petitioner it is submitted that the daughter of the informant returned and her age was assessed to be between 17-19 years in the medical examination. Further in

Patna High Court CR. MISC. No.72201 of 2021(2) dt.07-06-2022 2/2 the statement under section 164 Cr.P.C she has categorically stated that she was in love with the accused petitioner and had gone out of her own volition. The petitioner is in custody since 6.6.2021, has no criminal antecedent and investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the order of the learned trial court, the petitioner having remained in custody for one year together with the contents of the statement of daughter of the informant under section 164 Cr.P.C., the petitioner is directed to be enlarged on bail in connection with Ara Nawada P.S. Case no. 498 of 2021 (POCSO Case no. 75 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI, Bhojpur at Ara. (Partha Sarthy, J) Spd/- U T