Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72553 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- SUPAUL District- Supaul ====================================================== RAJENDRA YADAV Son of Late Mahavir Yadav @ Mahabir Yadav @ Mahaveer Yadav Resident of Village - Sirsiya, P.S.- Singheshwar, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-12-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Supaul Police Station Case No. 64 of 2019, registered for the offences punishable under Sections 366A/34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

The allegation against the petitioner, as per the First Information Report, is that the daughter of the informant was abducted by the named accused persons and when the informant went to the house of the accused persons and made complaint about the abduction of his daughter, the petitioner assured the informant that his daughter would be recovered and demanded a

Patna High Court CR. MISC. No.72553 of 2019(2) dt.11-12-2019 2/3 sum of Rs. 2,00,000/-.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case inasmuch as the daughter of the informant was in love with the son of the petitioner, Amit Kumar. He further submits that both, Amit Kumar and the daughter of the informant, left their houses on their own sweet will. He, referring to Annexure-2, which is the statement made by the victim girl before the learned Magistrate, under Section 164 of the Code of Criminal Procedure, 1973, submits that in her statement, the victim girl has not said anything against this petitioner. He further submits that the petitioner is in custody since 12.07.2019. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that in her statement under Section 164 of the Code of Criminal Procedure, 1973, the victim girl has not stated anything against the petitioner and the petitioner is in judicial custody since 12.07.2019 having no criminal antecedent, I am inclined to enlarge the petitioner on bail.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.72553 of 2019(2) dt.11-12-2019 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Second Class, Supaul, in connection with Supaul Police Station Case No. 64 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √