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Amlesh Yadav @ Amlesh Kumar Yadav v. The State of Bihar

Patna HC6 Jan 2023CR. MISC./63297/2022

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner. He was apprehending arrest in a police case filed for kidnapping and child sexual offences. The court ordered his release on personal bond with conditions.

What did the court decide?

The petitioner was released on bail by providing a personal bond to the satisfaction of the Special Judge POCSO/Darbhanga within four weeks, subject to Section 438(2) Cr.P.C.

Amlesh Yadav @ Amlesh Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63297 of 2022

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Arising Out of PS. Case No.-111 Year-2022 Thana- BIRAUL District- Darbhanga

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

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AMLESH YADAV @ AMLESH KUMAR YADAV S/O SURENDRA YADAV Resident of village- Baghaul, P.S.- Baheri, District- Darbhanga.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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2 06-01-2023

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Biraul P.S. Case No. 111 of 2022 registered under Sections 363, 366A/34 of the Indian Penal Code and section ¾ of the POCSO Act.

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Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The victim girl is a major lady. In course of investigation, the victim girl was recovered and her statement was recorded under Section 164 of the Cr. P.C. in which she disclosed that the victim solemnized marriage with the petitioner in Arya Samaj Mandir according to her own will and obtained Marriage Certificate, as detailed in Annexure nos.

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Patna High Court CR. MISC. No.63297 of 2022(2) dt.06-01-2023 2/2

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3 and 4 to the bail application. No one has kidnapped her. Further he submits that petitioner has no criminal antecedent.

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Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Special Judge, (POCSO), Darbhanga in connection with Biraul P.S. Case No. 111 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

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(Arvind Srivastava, J)

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shailendra/-

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U T

Amlesh Yadav @ Amlesh Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amlesh Yadav @ Amlesh Kumar 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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