Rohit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90022 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Rohit Kumar Yadav S/O Anant Yadav Village- Domohana ward no. 13, Police Station- Bagnagar, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar Patna 2.

Guriya Kumari W/O Rohit Kumar Yadav, D/O Shambhu Kumar Yadav R/O Vill.- Bagnagar, Ward No. 1, P.S.- Mahalgaon, Jokihat, Dist.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Singh For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 323, 354(B), 365, 368, 372, 120(B), 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused persons are said to have abducted the daughter of the informant with malafide motive.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.90022 of 2024(4) dt.19-03-2025 2/3 general and omnibus in nature. He submits that earlier the victim in her statement under Section 164 of Cr.P.C. has not supported the prosecution case, but later on she supported the prosecution case and alleged that the petitioner has pressurized the victim for prostitution. The petitioner has one criminal antecedent and has been languishing in custody since 25.08.2024.

5. Learned APP for the State opposed the bail petition and submitted that there is ample material available against the petitioner in the case diary.

6. Considering the facts aforesaid and the fact that earlier the victim in her statement under Section 164 Cr.P.C. has not supported the prosecution case, but later on before the Trial Court the victim alleged that the petitioner pressurized her for prostitution, which seems to be afterthought, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jokihat P.S. Case No.14 of 2023 subject to the following conditions : (i) One of the bailors will be his own blood

Patna High Court CR. MISC. No.90022 of 2024(4) dt.19-03-2025 3/3 relative, preferably, father, mother, brother, sister and/or his wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) anand/- U T