Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72434 of 2024 Arising Out of PS. Case No.-181 Year-2022 Thana- PURAINI District- Madhepura ====================================================== 1.

Ajay Yadav Son of Deo Narayan Yadav Resident of Village - Lachhmipur, Police Station - Kishunganj , District - Madhepura 2.

Nanhkoo Yadav Son of Singheshwari Yadav Resident of Village - Nardeh, Police Station - Puraini, District - Madhepura 3.

Vikash Yadav @ Vikesh Kumar Son of Fekan Yadav Resident of Village - Rahua, Police Station - Bihariganj, District - Madhepura 4.

Shankar Yadav @ Shankar Kumar Son of Buchcho Yadav @ Bucho Yadav Resident of Village - Hamidpur, Police Station - Puraini , District - Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mr. X...S/O Basudev yadav R/O Vill- Duhbi-Subhi, Ward no.- 11, P.S.- Puraini, Dist- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Dimple Kumari, Adv.

Ms. Ruchi Mandal, Adv.

For the Opposite Party/s :

Mr. Ravindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State Mr. Ravindra Kumar.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A read with Section 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case being relative of Rupesh. It

Patna High Court CR. MISC. No.72434 of 2024(3) dt.22-03-2025 2/3 is next submitted that petitioner no.1, 2, 3 and 4 are father, maternal grand father, maternal uncle and brother-in-law of Rupesh. It is further submitted that Rupesh and the victim were in love and they eloped and they have performed their marriage. It is also submitted that victim is not a minor rather is a major aged about 19 years and her statement was recorded under Section 164 Cr.P.C., wherein she has not supported the case of the prosecution rather has stated that she was in love with Rupesh since childhood and has also performed her marriage and has disclosed her age as 19 years.

4. Learned A.P.P. for the State Mr. Ravindra Kumar opposes the prayer for anticipatory bail of the petitioners but then fairly submits after perusing the case diary that the victim has not supported the case of the prosecution and has disclosed her age as 19 years and also that she has married Rupesh.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned trial court where the case is

Patna High Court CR. MISC. No.72434 of 2024(3) dt.22-03-2025 3/3 pending/successor court in connection with Puraini P.S. Case No.181/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T