High Court Patna High Court - Orders

Rameshwar Yadav & Ors. vs The State Of Bihar on 6 July, 2011

Patna High Court – Orders
Rameshwar Yadav & Ors. vs The State Of Bihar on 6 July, 2011
            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.)