Satyendra Yadav @ Sutto Yadav @ Suttu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.448 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Satyendra Yadav @ Sutto Yadav @ Suttu Yadav, aged about 22 years, Male, Son of Binod Ray @ Binod Kumar Ray, R/o vill - Nawtaltarra, P.S. - Vidyapatinagar, Dist. - Samastipur.
... ... Petitioner
Versus
1.
The State of Bihar 2.
Raushni Devi, W/o Upendra Rai, R/o vill - ward no. 6, Dardha Madhopur, Mushari, Distt. - Muzaffarpur, Presently Reside at Chandauni Chowk, P.S. - Brahmpura, Distt. - Muzaffarpur.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Nachiketa Jha, Advocate For the O.P. No.2 :
Mr. Md. Anish Akhtar, Advocate Mr.Arif Daula Siddiqui, Advocate For the State :
Mr. Sanjay Kumar Sharma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned counsel for the O.P. No. 2 as well as learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Brahampur P.S Case No. 97 of 2023 dated 24.05.2023 registered for the offence punishable u/s 366 read with Section 366A of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.448 of 2024(5) dt.26-06-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The victim is not forced to have illicit relationship with another person. The victim in her statement recorded under Section 164 of the Cr.P.C. has stated that after marriage the petitioner took her to Calcutta where she stayed with him for four days. After that the petitioner took her to many other places to stay and the victim girl did not say anything against him. As per supplementary affidavit filed on behalf of the petitioner, it is submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that the informant (victim's mother) gave some clothes and jewellery to the victim. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.08.2023.
5. Learned Counsel for the informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the victim is a minor girl. It is further stated that the petitioner used to blackmail her with her edited nude photos.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
Patna High Court CR. MISC. No.448 of 2024(5) dt.26-06-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Muzaffarpur (East) in connection with Brahampur P.S Case No. 97 of 2023, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/amanU T