Dina Nath Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4660 of 2017 Arising Out of PS.Case No. -98 Year- 2016 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Dina Nath Yadav, S/o late Khedan Yadav.

2. Shila Devi, w/o Dina Nath Yadav, both are r/o village Sheikhpur Mahammadpur, P.S. Goreyakothi, District Siwan. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Chandra Kant, Advocate For the Opposite Party : Smt. Suman Kumari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Goreyakothi P.S. Case No. 98 of 2016, registered for the offences punishable under Sections 366/366(A)/120(B)/34 of the Indian Penal Code.

Allegedly, the daughter of the informant aged about 12 years was kidnapped with the help of petitioners. During investigation the statement of victim girl was recorded under Section 164 of Cr.P.C. wherein she has not stated regarding kidnapping rather she has stated that she has performed marriage with Ravi Kumar in Kalika Mandir, Delhi and she has gone with Ravi Kumar out of her own sweet will, the mother and father of

Patna High Court Cr.Misc. No.4660 of 2017 (2) dt.21-02-2017 2/2 Ravi were not pleased.

Submission is of false implication and that the petitioners are the father and mother of Ravi Kumar, without any fault they have been made accused. In this case Ravi Kumar has already been allowed bail by learned Court below itself. The daughter of the informant and Ravi Kumar are living together as wife and husband and, as such, the petitioners also deserve sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the statement of the victim girl, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Goreya Kothi P.S. Case No. 98 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T