Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73404 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- MAHARAJGANJ District- Siwan ============================================== Rajesh Yadav, aged about 35 years, male, Son of Vanshi Yadav @ Vanshilal Yadav Resident of Khedu Chapra, P.S.- Maharajganj, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ============================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma, Adv.
For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP.
============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-03-2020 Heard the counsel for the petitioner, the informant and the state.
The petitioner, who is in custody since 05.07.2019, seeks bail in connection with Maharajganj P.S. Case No. 87 of 2019, dated 26.03.2019, instituted for the offence under Section 366 A read with 34 of the Indian Penal.
The minor daughter of the informant is said to have been kidnapped. It has been submitted that though the victim girl has not been recovered but the accusation against the petitioner is only of letting the
Patna High Court CR. MISC. No.73404 of 2019(3) dt.16-03-2020 2/3 informant know that if he withdraws the case, the petitioner would ensure the return of the victim girl. Learned counsel for the petitioner has submitted that this accusation is only on the basis of suspicion because one Akhilesh Gupta, one of the coaccused persons of this case who is said to have taken away the victim girl, is closely associated with the petitioner and one Ravi Kumar.
This Court has also been informed that when Ravi Kumar, another co-accused had applied for bail before this Court, an information was provided that the victim girl is staying with her aunt. Aforestated Ravi Kumar has been granted bail by a Bench of this Court vide order dated 08.01.2020 passed in Criminal Misc. No. 83367 of 2019.
Apart from this, it has been submitted that in the case diary, there is no call detail report indicating any talk by the petitioner with the informant. Considering the aforestated facts and taking into account the period of custody of the petitioner as well as the privilege of bail having been granted to one of the co-accused persons, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties
Patna High Court CR. MISC. No.73404 of 2019(3) dt.16-03-2020 3/3 of the like amount each to the satisfaction of the learned ACJM-V, Siwan in connection with Maharajganj P.S. Case No. 87 of 2019.
The application stands allowed.
(Ashutosh Kumar, J) GAURAV S./- skm U T