Gopal Yadav @ Gopal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34012 of 2018 Arising Out of PS. Case No.-74 Year-2017 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Gopal Yadav @ Gopal Kumar Yadav S/o Pramod Yadav, R/o Selma Diara, P.S.- Sahebpur Kamal, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sahebur Kamal P.S case no. 74 of 2017 instituted for the offence under Section 363 and 366A/34 of the Indian Penal Code.

In the written report, it is alleged that minor daughter of the informant had been kidnapped by the petitioner along with other accused person as named in the written report. The victim girl has appeared in the Court below and gave her statement under Section 164 Cr.P.C. wherein she has stated her age to be 20 years. The Court has assessed her age to be 16 years. In the statement recorded under Section 164 Cr.P.C. she has stated that she had performed marriage with this petitioner. She has gone voluntarily with this petitioner. She wanted to live with petitioner.

Patna High Court Cr.Misc. No.34012 of 2018(3) dt.12-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sahebur Kamal P.S case no. 74 of 2017 , he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-V, Begusarai 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) petitioner 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 petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T