Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75033 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- TARABARI District- Araria ====================================================== Sunil Kumar Yadav Son of Phul Chand Yadav Resident of Village- Pirganj, Asraha, P.S.- Kuwari (Kursakanta), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Tarabari P.S. Case No. 55 of 2022 lodged under Sections 363, 366 and 34 of the I.P.C.

As per the prosecution case, the allegation of kidnapping has been made against the 2 named accused persons. Learned counsel for the petitioner submits that from the content of F.I.R. and the operating part of the rejection order of bail, it transpires that as per the informant, the date of occurrence is 15.05.2022 whereas the date of commission of crime as per the victim is 12.04.2022 and the present F.I.R. has

Patna High Court CR. MISC. No.75033 of 2022(2) dt.25-03-2023 2/2 been lodged on 11.06.2022.

Counsel for the petitioner has categorically submitted that wife of the informant allured the petitioner in her love and taken Rs.60,000/- on pretext of construction of house and on demand, the present case has been lodged.

Counsel further submits that the petitioner is a man of clean antecedent and he is in custody since 31.08.2022 Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Araria in connection with Tarabari P.S. Case No. 55 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T