Allowed

Naresh Kumar Yadav @ Naresh Yadav v. The State Of Bihar

Patna HC17 Sept 2018CR. APP (SJ)/3025/2018

Case brief

AI extract

What is this about?

The Patna High Court allowed an appeal against the refusal of bail. The court condoned the limitation delay for substantial justice and released the appellant on bail, subject to conditions, considering the case involved a love affair kidnapping allegation where the matter appears settled.

What did the court decide?

The appellant is released on bail by furnishing a bond of Rs. 20,000 with two sureties, subject to cooperation and other conditions.

Naresh Kumar Yadav @ Naresh Yadav Vs The State Of Bihar — Caste Atrocities | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Appeal (SJ) No. 3025 of 2018

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Arising Out of PS.Case No. -11 Year- 2018 Thana -RATANPURA District- SUPAUL

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===========================================================

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Naresh Kumar Yadav @ Naresh Yadav, Son of Manoj Yadav, Resident of Village - Lalman Patti, Police Station - Ratanpura, District - Supaul.

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.... .... Appellant/s Versus 1. The State of Bihar. .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Arun, Sanjay Kumar @ S.K., Advocates For the Respondent/s : Mr. Binay Krishna, S.P.P.

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=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 17-09-2018

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Heard learned counsel for the parties.

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This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST Act”) against the refusal of prayer f or regular bail vide order dated 11.04.2018 in SC/ST Case No. 52 of 2018 passed by the learned 1^st Additional Sessions Judge, Supaul in connection with SC/ST Case No. 52 of 2018 arising out of Ratanpura P.S. Case No. 11 of 2018 registered under Sections 341, 342, 366, 506/34 of the Indian Penal Code as well as Section 3(1)(r) of the SC/ST Act.

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The appeal is barred by limitation of 20 days. The delay is explained in the petition, filed under Section 5 of the Limitation Act, vide I.A. No. 2475 of 2018. Hence, for substantial justice, the delay is condoned.

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According, I.A. aforesaid stands disposed of.

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Allegation against the appellant and others is of kidnapping of the daughter of the informant for the purpose of marriage. Marriage of the

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Patna High Court CR. APP (SJ) No.3025 of 2018 dt.17-09-2018

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2/2

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victim was already settled with some other person.

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The statement of the victim reveals that she has alleged the occurrence of kidnapping by the appellant and others with intent to marry with her. However, she was soon recovered by her father. She has disclosed that she is aged about 21 years.

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Submission is that matter is of love affairs. Appellant is in custody since 25.04.2018. Investigation of the case is already closed.

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Considering the entire facts aforesaid, let the appellant, above named, be released on bail on furnishing bail bond of Rs.20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with the aforesaid case, subject to the condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant as well as condition that both the bailors shall be resident of the territorial jurisdiction of the learned court below.

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Accordingly, the impugned order is set aside and this appeal

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stands allowed.

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(Birendra Kumar, J)

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Kundan/-

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AFR/NAFR	N.A.
CAV DATE	N.A.
UploadingDate	18.09.2018
Transmission Date	18.09.2018

Naresh Kumar Yadav @ Naresh Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Naresh Kumar Yadav @ Naresh Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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