Raj Kumar Yadav And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55902 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Raj Kumar Yadav, son of Kapil Yadav @ Kapil Deo Yadav,
2. Kapil Yadav @ Kapil Deo Yadav, son of late Jamun Yadav,
3. Urmila Devi, wife of Kapil Yadav @ Kapil Deo Yadav, all are resident of Village- Laxmipur, P.S.- Chhatapur, District- Supaul.
4. Sarwan Yadav, son of Rajendra Yadav,
5. Bablu Kumar, son of Janardan Yadav, all are resident of VillageNarhaiya, Ward No.09, Police Station- Chhatapur, District- Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-12-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Chhatapur P.S. Case No.76 of 2017 instituted for the offence under Section(s) 365, 366-A/34 Indian Penal Code.
In the written report, it is alleged that petitioner no.1 had kidnapped the minor daughter of the informant. It is alleged that the informant went to the house of Raj Kumar Yadav then these petitioners abused the informant and also became ready to assault him.
Victim girl on her recovery has given statement under Section 164 Cr. P C., wherein, she has stated she had gone
Patna High Court Cr.Misc. No.55902 of 2017 (3) dt.20-12-2017 2/3 with Raj Kumar Yadav and she is pregnant of two months after establishing physical relationship with him. The girl has stated her age as 17 years and the Court has assessed her age as 18 years.
Petitioner nos.2, 3 and 4 are family members of petitioner no.1.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Chhatapur P.S. Case No.76 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Supaul, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case,
Patna High Court Cr.Misc. No.55902 of 2017 (3) dt.20-12-2017 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T