Mahash Yadav @ Mandas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71466 of 2022 Arising Out of PS. Case No.-402 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== MAHASH YADAV @ MANDAS YADAV Son of Ashok Yadav R/VJagdishpur P.S- Buxar (Muffasil) Dist- 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.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 363/366(A)/34 of the IPC. Allegedly, the daughter of the informant has been taken away by the F.I.R. named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Informant is not the eye-witness of the alleged occurrence. The statement of the victim was recorded

Patna High Court CR. MISC. No.71466 of 2022(2) dt.14-03-2023 2/2 u/s 164 Cr.P.C., in which, she has not supported the prosecution case and stated that she went to Sasaram to meet one Riva Tiwari. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the victim has not supported the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Buxar (Muffasil) P.S. Case No.402/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T