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Patna High CourtCR. MISC./1425/2024bail granted

Uday Yadav v. The State Of Bihar

2024-03-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1425 of 2024 Arising Out of PS. Case No.-131 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Uday Yadav, son of Chandrika Yadav, resident of village- Ahirwa Tola, P.S.- Raxaul, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP For the Informant :

Mr. Krishna Kant Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. 2.

This is the second attempt on behalf of the petitioner for grant of regular bail in connection with Raxaul P.S. Case No.131 of 2023 registered for the offence under sections 323, 328, 366-A & 504/34 of the Indian Penal Code and under section 8 of the POCSO Act.

3.

Earlier, the bail application of the petitioner was rejected vide order dated 07.11.2023 passed in Criminal Miscellaneous No.71344 of 2023.

4.

The petitioner is accused of kidnapping the victim girl.

5.

Learned counsel for the State as well as the informant have vehemently opposed the prayer of the petitioner for bail.

Patna High Court CR. MISC. No.1425 of 2024(5) dt.20-03-2024 2/2 6.

The statement of the victim girl recorded under Section 164 of the Cr.P.C. reflects that she had eloped with the petitioner of her own and she is found to be 21 years of old.

7.

Considering the aforesaid facts, this application is allowed.

8.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran, in connection with Raxaul P.S. Case No.131 of 2023.

(Sandeep Kumar, J) pawan/- U T