Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74758 of 2022 Arising Out of PS. Case No.-260 Year-2022 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

GUDDU YADAV Son of Heera Yadav R/v- Bhulhawa Dih, P.S.- Chautarwa, District- West Champaran 2.

RAHUL YADAV Son of Jamadar Yadav R/v- Bhulhawa Dih, P.S.- Chautarwa, District- West Champaran 3.

PARAS YADAV Son of Late Ram Ratan Yadav R/v- Bhulhawa Dih, P.S.- Chautarwa, District- West Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-04-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 366(A), 363/34. of the Indian Penal Code and Section 8 of POCSO Act. As per the prosecution case, the daughter of the informant was kidnapped by the FIR named accused persons with the intention to perform marriage with one of the coaccused, Nandan Yadav. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that there is delay of 11 days in lodging

Patna High Court CR. MISC. No.74758 of 2022(4) dt.24-04-2023 2/2 the FIR for which there is no explanation. In the statement given by the victim under section 164 Cr.P.C that she herself stated that she was in love with co-accused Nandan Yadav for last one year and she always used to talk with him. She has not alleged any wrong against these petitioners. Petitioners claim clean antecedent.

Considering the 164 Cr.P.C statement of the vicitm, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the 7th A.D.J. cum Special Judge, POCSO, Bettiah, West Champaran in connection with Chautarwa P.S. Case No. 260 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T