Mantu Yadav @ Mantu Pd. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66820 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- KATORIYA District- Banka ====================================================== 1.

MANTU YADAV @ MANTU PD. YADAV SON OF KETI YADAV @ KATI YADAV R/O VILLAGE- NAIYADIH, P.S.- KATORIA, DISTRICTBANKA (BIHAR) 2.

ROHIT YADAV @ ROHIT KUMAR YADAV SON OF KETI YADAV @ KATI YADAV R/O VILLAGE- NAIYADIH, P.S.- KATORIA, DISTRICTBANKA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 363, 365, 120B and 34 of the Indian Penal Code.

The allegation against the petitioners along with others is of kidnapping the elder son of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.66820 of 2022(3) dt.28-03-2023 2/3 have falsely been implicated in this case. He submitted that as per FIR, kidnapping was made on 13.07.2022 by the accused persons but thereafter without any wrongful game, victim boy was released on 17.07.2022. He submitted that informant being Master of the Mukhiya started taking different wrong advantage from the Mukhiya and then the Mukhiya left the grip of the informant and the informant became furious and managed to escape and concealed his own son and lodged the present case. He further submitted that statement of the victim boy has been recorded u/s 164 of the Cr.P.C. from which it appears that no any reason has been assigned for the alleged kidnapping like any demand of any ransom. He has got no criminal antecedent as stated in para-3 of the bail application. It is further submitted that the petitioner is languishing in judicial custody since 29.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Katoriya P.S. Case No. 265 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.66820 of 2022(3) dt.28-03-2023 3/3 Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka. (Sunil Kumar Panwar, J) Arish/ Sushma/- U T