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Patna High CourtCR. MISC./77267/2023allowed

Dev Nandan Yadav @ Dev Narayan Yadav@Deo Nandan Yadav v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77267 of 2023 Arising Out of PS. Case No.-196 Year-2023 Thana- KATORIYA District- Banka ====================================================== Dev Nandan Yadav @ Dev Narayan Yadav@Deo Nandan Yadav Son Of Late Shanakr Yadav Resident Of Village - Lulha, P.S. - Belhar, District - Banka. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366/34 of the Indian Penal Code and charge-sheet has been framed under Section 376 of the IPC.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant with an intention to solemnization of marriage.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.77267 of 2023(3) dt.27-02-2024 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has been recovered and her statement has been recorded under Section 164 of the Cr.P.C. in which she stated that she fell in love with the petitioner since 2022 and she wants to solemnized marriage with him till now. The victim is aged about 18 years at the time of recording of her statement. He submitted that the victim was not medically examined herself, it shows the false and concocted allegation made by the victim for marriage her daughter with the petitioner. The petitioner is only one son of his parent and the informant want to marry her daughter with the petitioner. He is languishing in judicial custody since 12.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Banka

Patna High Court CR. MISC. No.77267 of 2023(3) dt.27-02-2024 3/3 in connection with Katoriya P.S. Case No. 196 of 2023. (Sunil Kumar Panwar, J) Arish/- U T