Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58605 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== RAMESH YADAV, Gender-Male, aged about 45 years, Son of Paras Yadav, Resident of Village-Dhumnagar, Kachahari Tola, Police Station-Nautan, District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar No. 7 and Mr. Anant Kumar Mishra, Advocates.

For the Opposite Party :

Mr.Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 363 and 366(A)/34 of the IPC. The prosecution story, in brief, is on 24.06.2019 at about 2.00 A.M. in the night, co-accused Abhishek Kumar had kidnapped the informant's daughter, namely, Rukhsar Parveen aged about 14 years, alongwith golden ornaments, certificates, pass-book and cash of Rs. 50,000/-. When the informant and other family members searched his daughter then she was missing. When he came to know that co-accused Abhishek Kumar had kidnapped her with help of his friend Nitesh Kumar

Patna High Court CR. MISC. No.58605 of 2019(2) dt.17-09-2019 2/3 then he went to his house and asked about the matter, then he said that after two days, they will come here. After two days, when the informant's daughter and co-accused Abhishek Kumar did not come then the informant lodged an F.I.R. against the petitioner and other co-accused persons.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 15.07.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come during the course of investigation. The victim has already been examined under Section 164 Cr. P.C. She has not supported the allegation made in the F.I.R. In her statement, she has stated that she has got married with co-accused Abhishek Kumar. The petitioner is father of co-accused Nitesh Kumar. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,

Patna High Court CR. MISC. No.58605 of 2019(2) dt.17-09-2019 3/3 Bettiah, West Champaran, in connection with Nautan P.S. Case No. 241 of 2019.

(Sudhir Singh, J) U.K./- U T