Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64061 of 2019 Arising Out of PS. Case No.-76 Year-2017 Thana- JHAJHA District- Jamui ======================================================

1. Pramod Yadav, aged about 35 years S/O kesho Yadav

2. Binod Yadav, aged about 38 years S/O Kesho Yadav. Both are R/O village-Khairan, P.S. Jhajha, District-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-02-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under section 365 of the Indian Penal Code. As per the allegation in the FIR, the informant states that in February, 2016 the petitioners had taken her husband to Bangalore and he did not return since then.

It is submitted by learned counsel for the petitioners that from perusal of the FIR itself it would transpire that the petitioners are engaged in the work of engaging labourers and they take them to the place of employment and have no other role to play. Even as per the FIR, the informant's husband had gone with the petitioners. The petitioners cannot be expected to

Patna High Court CR. MISC. No.64061 of 2019(4) dt.05-02-2020 2/2 know the whereabouts of the husband of the informant. It is further submitted that there is no explanation for the inordinate delay in lodging of the FIR.

Having heard learned counsel for the parties and taking into consideration the materials that has transpired in course of investigation, the Court is inclined to enlarge the petitioners on bail. The petitioners above named, in the event of their arrest or surrender in the Court below within a period of six weeks from today in connection with Jhajha P.S. Case No. 76 of 2017 are directed to be enlarged on bail on each of them furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Jamui subject to the conditions as laid down in section 438 (2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U T