Akhilesh Yadav @ Meli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49250 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Akhilesh Yadav @ Meli, S/o Shesnath Yadav, R/o Village- Katkuaiya, P.S.- Semera, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 08-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Semra P.S. Case No.81 of 2017 registered under Sections 366(A)/34 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate-I, Bagaha, West Champaran. The accusation is of kidnapping the daughter of the informant by the family members of Radhika Devi and this petitioner with an intention to perform her marriage with Saheb Chaudhary, the son of Radhika Devi.

Learned counsel appearing on behalf of the petitioner submits that in her statement, as recorded under Section 164 of the

Patna High Court Cr.Misc. No.49250 of 2017 (2) dt.08-11-2017 2/3 Code of Criminal Procedure, the victim, the daughter of the informant, stated about carrying her to Panchgama Canal by Radhika Devi where this petitioner was called by Radhika Devi, the mother of Saheb Chaudhary. Thereafter, on the instruction of Radhika Devi, this petitioner took the victim to the house of her daughter on tempo where Naresh Yadav and Nand Chaudhary caused assault to the victim. After that, this petitioner carried the victim to his house and kept her there for several days from where she came to the court for giving the statement. In fact, the petitioner was the driver of Saheb Chaudhary, son of Radhika Devi, and on the instruction of Radhika Devi, this petitioner simply took the victim to the house of the daughter of Radhika Devi boarding on the tempo.

When this petitioner saw ill behaviour committed on the victim there, he carried the victim to his house and kept her for several days there and from the house of this petitioner, the victim came to the court for giving statement. The victim has not stated about ill-behavour committed on her at the hands of this petitioner.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However,

Patna High Court Cr.Misc. No.49250 of 2017 (2) dt.08-11-2017 3/3 the petitioner is directed to surrender before the trial court and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T