Yogendra Sah @ Yogenera Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26241 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -BELA District- SITAMARHI ====================================================== Yogendra Sah @ Yogenera Sah Son of Late Lakshmi Sah, R/o VillageBishanpur, P.S.- Bela , District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner is languishing in judicial custody since 20.02.2017 in connection with Bela P.S. Case No. 02 of 2017 for offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that his minor daughter Rinki Kumari aged 14 years had gone out of the house in the evening for her natural call where the accused Yuvraj Sah came and kidnapped her forcibly and took her away in a motorcycle. The petitioner who is father of the

Patna High Court Cr.Misc. No.26241 of 2017 (7) dt.09-10-2017 2/3 accused Yuvraj Sah along with other family members has been made accused.

It has been submitted by the learned counsel for the petitioner that he is innocent, no overt act has been alleged to have been committed by the petitioner and that the victim lady has been recovered whose statement has been taken under Section 164 Cr. P.C. before the Magistrate wherein she has stated that she had gone out of her own will with the accused Yuvraj Sah and has now married him. Her age has been assessed by the Magistrate to be 19 years, as such it has been submitted by the petitioner that the victim girl is a major. The statement under Section 164 Cr. P.C. has been annexed as Annexure-2 to the supplementary affidavit filed by the petitioner.

Learned counsel for the informant submits that the statement of the victim girl has been taken by the Magistrate under Section 164 Cr.P.C.

Learned A.P.P. for the State is also present. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with

Patna High Court Cr.Misc. No.26241 of 2017 (7) dt.09-10-2017 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bela P.S. Case No. 02 of 2017.

(Nilu Agrawal, J) Devendra/- U T