Mohan Yadav @ Papan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69660 of 2022 Arising Out of PS. Case No.-402 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== MOHAN YADAV @ PAPAN YADAV Son of Permaishwer Yadav R/vJagdishpur, P.S.- Buxar (Muffasil), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha, Adv.

For the Opposite Party/s :

Mr.Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363/366(A)/34 of the Indian Penal Code.

Allegedly, petitioner along with other accused persons called the informant's daughter on mobile phone, enticed her and took her away.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the informant's daughter went away

Patna High Court CR. MISC. No.69660 of 2022(2) dt.28-02-2023 2/2 from the house with her own sweet will. He further submits that the statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has submitted that she went to Sasaram to meet one Riva Tiwari, a handicapped teacher. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail by submitting that after perusal of impugned order, it is apparent that as per the medical report, the age of the victim girl was found between 15 and 16 years.

Considering the facts and circumstances of case, as the victim girl is a minor, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) divyanshi/- U T