High Court Patna High Court - Orders

Arun Yadav vs The State Of Bihar on 4 November, 2011

Patna High Court – Orders
Arun Yadav vs The State Of Bihar on 4 November, 2011
                                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Criminal Miscellaneous No.21370 of 2011
                        Arun Yadav, son of Ramdeo Yadav                         ---Petitioner.
                                                         Versus
                        The State of Bihar                              ---Opposite Party
                                                         *****

04. 04.11.2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State who is armed with carbon

copy of the case diary.

The petitioner apprehends his arrest in connection with

Lakhisarai P.S. Case No. 130/2010 for offences under Section 366A

of the Indian Penal Code, pending before Chief Judicial Magistrate,

Lakhisarai.

In this case instituted against one Pappu Kumar,

petitioner’s name emerged during investigation mainly in the

statement of the victim who recovered after roughly four months

after the detention as the person kidnapping her.

Submission is that in fact the victim and solitary named

accused Pappu Yadav were in soft relationship and in fact statement

under Section 164 of the Code of Criminal Procedure was made

under duress. Taking into consideration, Pappu Kumar has already

been released from custody after detention for about five months.

The victim is minor aged about 15 years and in her statement she

has made allegation against the petitioner also as the person

kidnapping her. He appears not entitled for the privilege sought.

Accordingly, prayer for anticipatory bail of the

petitioner is hereby rejected.

Rajeev/-

( Akhilesh Chandra, J.)