Jeeva Yaadav @ Rajiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38050 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- BARH District- Patna ====================================================== Jeeva Yaadav @ Rajiv Kumar S/o Sri Baij Nath Yadav @ Baidhnath Singh, R/o Vill.- Mahuli, P.S.- Athmalgola, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 27.02.2018 in connection with Barh P.S. Case No. 47 of 2018 for offences punishable under Sections 363, 366 (A) of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his minor daughter aged 12 years namely Shajda Khatoon has disappeared from the house while she was going with her sister at 10 O'clock. It is alleged that the petitioner along with two others had forcefully taken her daughter in a motorcycle. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that
Patna High Court Cr.Misc. No.38050 of 2018(2) dt.06-07-2018 2/2 the victim girl in her statement under Section 164 Cr.P.C. has stated that she had a love affair with the petitioner and has eloped with him and married him. Although her age has been given as 19 years but the Magistrate has noted her age to be 15 years, being a minor.
However, learned APP for the State opposes the prayer for bail.
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 two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IInd, Barh, Patna, in connection with Barh P.S. Case No. 47 of 2018. (Nilu Agrawal, J) Rajesh/Pragya U T