Om Prakash Yadav @ Om Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85830 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- BIHRA District- Saharsa ====================================================== Om Prakash Yadav @ Om Prakash Kumar S/o- Nasib Yadav Village-Paharpur ward no 8 P.S -Simri Bakhtiyarpur District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

3. Allegedly, the petitioner along with his mother is said to have kidnapped the minor daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. From perusal of the FIR, it is evident that the informant is not an eye witness to the alleged kidnapping of his daughter. The age of the victim is not

Patna High Court CR. MISC. No.85830 of 2024(2) dt.16-12-2024 2/2 mentioned in the FIR. During course of investigation, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case and stated that she left her house and fled away with this petitioner with her sweet will and on 20.05.2024 she solemnized marriage with the petitioner in a temple of Begusarai. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as well as the statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 lower Court where the case is pending/successor Court in connection with Bihra P.S. Case No.73 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T