High Court Patna High Court - Orders

Teklal Yadav @ Pagla Yadav vs The State Of Bihar on 31 March, 2011

Patna High Court – Orders
Teklal Yadav @ Pagla Yadav vs The State Of Bihar on 31 March, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.9343 of 2011
                                TEKLAL YADAV @ PAGLA YADAV
                                           Versus
                                    THE STATE OF BIHAR
                                        -----------

2 31.03.2011 Heard learned counsel for the

petitioner as well as learned Additional

Public Prosecutor for State.

                            It     would        appear      from        perusal     of

                 impugned        order     as    well       as     submission      of

learned counsel for the petitioner that, prior

to filing of Complaint Case No.172(C)of 2003

the complainant’s husband had lodged Sikandra

P.S. Case no.9/2001 in respect of kidnapping

of complainant and when in the aforesaid case

the statement of complainant was recorded

under Section 164 of the Cr.P.C., she stated

that she had gone Kolkatta along with her

father-in-law. It is pointed out by learned

counsel for the petitioner that petitioner has

already been acquitted in the above stated

Sikandra P.S. Case no.9/2001, and after

lodging the above stated case, the complainant

filed the present complaint case after two

years of the alleged occurrence. It is very

unfortunate that although, the above stated

facts were placed before the learned Sessions
2

Judge, Jamui, but he completely ignored the

aforesaid facts and rejected the bail

application of the petitioner without applying

his judicial mind.

In the aforesaid circumstance, let the

petitioner, namely, Teklal Yadav @ Pagla Yadav

be released on bail on furnishing bail bonds

of Rs.10,000/-(Ten Thousand) with two sureties

of the like amount each to the satisfaction of

learned Md. Salim, J.M., Ist Class, Jamui in

connection with Complaint Case No.172C of

2003.

(Hemant Kumar Srivastava, J.)
PN