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Patna High CourtCR. MISC./16442/2017bail granted

Rajesh Yadav v. The State Of Bihar

2017-05-11Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16442 of 2017 Arising Out of PS.Case No. -308 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rajesh Yadav, S/o Briksha Rai, Resident of Village- Jai Manglapur, P.S.- Palanawa, District- East Champaran.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. For the State : Mr. For the Complainant/Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 11-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the complainant/informant. The petitioner seeks bail in connection with Jogapatti P.S. Case No.308 of 2016 registered under Sections 366/34 of the Indian Penal Code.

The accusation is that this petitioner and one Harendra Yadav stayed in the evening of 23.10.2016 at the house of the complainant/informant Sheodhar Yadav but, in the meantime, both started to move from there boarding on motorcycle saying that the father of the petitioner is not well.

Thereafter, the complainant/informant entered his house and saw that his daughter-inlaw Sindhu Devi is not present in the house and her both children were

Patna High Court Cr.Misc. No.16442 of 2017 (3) dt.11-05-2017 2/2 weeping. The complainant/informant searched his daughter-in-law but her no trace was found. Thereafter, the complainant/informant filed Complaint Case No.1912C of 2016 on 29.10.2016, on the basis of which, the present F.I.R. has been lodged.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the relative of the complainant/ informant and has falsely been implicated in this case. Further submission is that for the occurrence said to be taken place on 23.10.2016, the complainant/informant filed Complaint Case No.1912C of 2016 on 29.10.2016, after six days, in the court of the Chief Judicial Magistrate, Bettiah, West Champaran, without giving any explanation regarding the said delay. Further submission is that the petitioner having no criminal antecedent is in custody since 05.01.2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Jogapatti P.S. Case No.308 of 2016.

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