Umesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33500 of 2018 Arising Out of PS.Case No. -19 Year- 2014 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================
1. Umesh Yadav S/o Ram Khelawan Yadav, R/o Vill.- Sohma, P.S.- Bithan, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhubneshwar Prasad For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Bithan P.S. Case No. 19/2014, instituted for the offence punishable under Section 365 of the Indian Penal Code.
In the written report, there is allegation against this petitioner that he along with other kidnapped the minor son of informant. The statement of minor son of informant recorded under Section 164 Cr.P.C. is available in case diary wherein he has made specific allegation of kidnapping against this petitioner along with co-accused Krishna Sharma. He has stated in his statement that both accused persons had taken him for sale and also assaulted him. In the meantime, police arrived and he
Patna High Court Cr.Misc. No.33500 of 2018 (3) dt.14-08-2018 2/2 apprehended the victim boy as well as the petitioner and coaccused Krishna Sharma. Considering the aforesaid facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
The petitioner is directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order.
(Sanjay Priya, J.) Rakhi U T