Niraj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76949 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== Niraj Yadav, Son of Late Bijali Yadav, Resident of Village- Bhairoganj Gaon P.S.- Bhairoganj, District- West Champaran at Bettiah. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case no. 02 of 2018, registered under Section 366 (A) / 34 of the Indian Penal Code.

The accusation is that in the evening of 20.12.2017 at about 7.00 P.M., daughter of the informant Rajendra Rai, was aged about 13 years had gone in the field to attend the call of nature, but she did not return. In course of search, informant came to know that six accused persons named in the F.I.R., including the petitioner has hand in the kidnapping of his minor daughter. It is also alleged that petitioner used to visit the house of informant and also driving his tractor and some villagers had also seen her daughter moving with this petitioner.

Patna High Court CR. MISC. No.76949 of 2018(3) dt.30-04-2019 2/2 Learned counsel for the petitioner submits that, in fact, due to love affairs the daughter of the informant left her parental house and performed marriage with the petitioner and started leading her conjugal life with the petitioner and due to wedlock daughter of the informant was blessed with one baby. Further submission is that the statement of the daughter of the informant was also recorded under Section 164 of the Cr.P.C. in which she denied about kidnapping by this petitioner and she stated that she left the house according to her sweet will. Further submission is that in the medical examination, the age of the victim was assessed between 18 to 19 years.

Having regard to the facts and circumstances of the 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Bagaha, West Champaran in connection with Mahila P.S. Case No. 02 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T