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Patna High CourtCR. MISC./78514/2023bail granted

Sintu Yadav v. The State Of Bihar

2024-01-10Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78514 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- TARAPUR District- Munger ====================================================== 1.

SINTU YADAV SON OF LATE SARYUG YADAV RESIDENT OF VILLAGE/MUHALLA - BHAGALPURA, P.S. - TARAPUR, DISTRICT - MUNGER 2.

KANCHAN DEVI WIFE OF SINTU YADAV RESIDENT OF VILLAGE/MUHALLA - BHAGALPURA, P.S. - TARAPUR, DISTRICT - MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar Singh For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-01-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Tarapur Police Station Case No. 53 of 2023, disclosing offences under Section 366-A of the Indian Penal Code.

3. As per the First Informant Report, the petitioners, along with other accused persons, allegedly abducted/kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioners submits that petitioners have been made accused in this case merely because they happen to be the brother-in-law and sister of co-accused Sahil Yadav with whom, the daughter of the

Patna High Court CR. MISC. No.78514 of 2023(2) dt.10-01-2024 2/3 informant was having love relationship. Learned counsel next submits that the statement of the victim girl was recorded under Section 164 Cr.P.C. in which she has stated that her age is about 18 years. He next submits that the girl is still residing with co-accused Sahil Yadav as his wife. The son of petitioners, Sonu Yadav, having similar allegation, have been granted anticipatory bail by a Coordinate Bench of this Court in Cr. Misc. No. 75037 of 2023 dated 29.11.2023. The co-accused, Sahil Yadav, has been granted regular bail by the Court below itself.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the coaccused Sonu Yadav has been granted bail by a Coordinate Bench of this Court and the girl, in her statement recorded under Section 164 Cr.P.C., has disclosed her age as 18 years, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, Sintu Yadav, Kanchan Devi, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.78514 of 2023(2) dt.10-01-2024 3/3 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Munger, in connection with Tarapur Police Station Case No. 53 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U