Umesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86620 of 2024 Arising Out of PS. Case No.-98 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== Umesh Prasad Yadav S/O Dahu Mahto R/O Vill.- Telni, P.S-Fatehpur, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No.98 of 2018, registered for the offence punishable u/s 366(A)/ 34 of IPC.

3.

Allegedly, petitioners along with other co-accused persons 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 not committed any offence. He has been falsely implicated in this case. Though, the case is of the year 2018, but it is submitted that petitioner has solemnized marriage with the victim and has two children from their wedlock. Victim is residing with the petitioner. It is further submitted that victim and petitioner are in love and victim has

Patna High Court CR. MISC. No.86620 of 2024(2) dt.18-12-2024 2/2 left her parental home on her own choice. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail by submitting that the petitioner is involved in the kidnapping of minor daughter of the informant.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law, without being prejudiced of this order considering the fact that petitioner has solemnized marriage with the victim and has 2 children from their wedlock.

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