IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21342 of 2011
1. Rameshwar Yadav, Son of Ganga Yadav.
2. Basmati Devi, Wife of Rabindar Yadav.
3. Parwati Devi, Wife of Upendar Yadav
All are resident of village-Gamharia, P.S.-Jadopur, District-
Goaplganj. ...............Petitioners.
Versus
The State of Bihar ................Opposite Party.
-----------
2/- 06.07.2011 Heard learned counsel for the petitioner and
learned counsel appearing for the State.
The Petitioners apprehend their arrest in
connection with Jadopur P.S. Case No. 18 of 2011 (G.R. No.
428 of 2011) registered for the offence under sections 366A,
120(B), 34 of the I.P.C.
As per the prosecution case the daughter of the
informant aged about 16 years studying in Ram Ratan
Shahi High School was enticed away by the accused
persons named in the F.I.R. including the petitioner.
It appears from the perusal of the F.I.R. itself that
the victim, who is said to be minor, was frequently in touch
with co-accused Guli @ Amresh yadav.
Learned counsel for petitioners submits that the
prosecution has not come with clean hands. He has
brought on record the voter list of 2010, in which age of the
petitioner is mentioned as 22 years.
Learned counsel for petitioners submits that Nitu
Kumari, daughter of the informant eloped with Guli @
2
Amresh Yadav with whom she has fallen in love. The
petitioner submits that petitioner no. 1 is uncle whereas
petitioner Nos. 2 & 3 is mother and Aunt respectively of
said Guli @ Amresh Yadav.
Learned counsel for the State opposes the prayer
for bail and submits that since the victim was minor the
ingredients of Section 366A would be attracted.
Taking into consideration the submissions
advanced on behalf of the parties as also the fact that
though the occurrence took place on 16.2.2011, the matter
was reported to the police on 24.2.2011 let petitioners,
namely Rameshwar Yadav, Basmati Devi & Parwati Devi in
the event of their arrest at the hands of police or surrender
before the Court below, be released on bail in connection
with Jadopur P.S. Case No. 18 of 2011 (G.R. No. 428/11)
on furnishing bail bonds of Rs. 5,000/- (Five thousand)
with two sureties of the like amount each to the satisfaction
of learned C.J.M., Gopalganj.
Sanjeet/- (Ashwani Kumar Singh, J.)