Bikram Yadav @ Virendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6079 of 2023 Arising Out of PS. Case No.-349 Year-2022 Thana- ATRI District- Gaya ====================================================== BIKRAM YADAV @ VIRENDRA KUMAR S/o Jitendra Prasad Yadav @ Jitendra Yadav R/v- Pathari, P.S.- Atri, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Atri P.S. Case No. 349 of 2022, registered for the offences punishable under Sections 363 and 366 (A) of the Indian Penal Code.

As per allegation, the accused persons kidnapped the minor daughter of the informant.

The learned counsel for the petitioner has submitted that the statement of the victim under Section 164 of the Cr.P.C. was recorded in which she has stated that she herself called co-accused Nitish Kumar and expressed her willingness to marry with him. She, with own sweet will went with co-accused Nitish Kumar. He has submitted further that the petitioner is brother of co-accused Nitish

Patna High Court CR. MISC. No.6079 of 2023(2) dt.01-05-2023 2/2 Kumar and mearly on this reason, he has falsely been implicated. The petitioner is a person of clean antecedent and is under custody since 13.10.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Gaya in connection with Atri P.S. Case No. 349 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) kundan/Nitin U T