Patna High CourtCR. MISC./60867/2019dismissed

Prema Devi v. The State Of Bihar

2020-02-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 60867 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Prema Devi, aged about 45 years (Female) wife of Abhyas Yadav 2.

Abhyas Yadav, aged about 50 years (Male) Son of Sitabi Yadav 3.

Rajeev Yadav @ Rajeev Kumar, aged about 20 years (Male), Son of Abhyas Yadav 4.

Kusho Yadav, aged about 18 years (Male), Son of Abhyas Yadav All are resident of Village - Bandhera, P.S,- Pasraha, Dist.- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

05-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Kharik P.S. Case No. 85 of 2019 registered for the offence under Sections 366A/34 of the Indian Penal Code.

In the F.I.R., the informant has alleged that on 02-04-2019 at about 10 AM, the accused persons namely Mithu Yadav, Rajeev Yadav (petitioner no. 3), Kuso Yadav (petitioner no.4) reached Nanihal of his daughter and forcibly kidnapped her for the purpose of marriage. It is further alleged by the informant that in this occurrence, petitioner no. 1 and petitioner no. 2 are also involved.

Patna High Court CR. MISC. No.60867 of 2019(3) dt.05-02-2020 2/2 It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case and in fact, F.I.R. has been lodged after lapse of 8 days and there was love affairs between co-accused Mithu Yadav and the victim. However, considering the fact that petitioners are named in the F.I.R. and the minor girl is still traceless, I am not inclined to grant bail.

Accordingly, the prayer for anticipatory bail stands rejected.

(Prabhat Kumar Singh, J.) anay U T