Santosh Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Santosh Yadav Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, in the event of arrest or surrender within four weeks, to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Jhanjharpur, Madhubani/concerned court below in connection with Lakhnaur (R.S.O.P.) P.S. Case No.70 of 2023, subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Lakhnaur P.S. Case No. 70 of 2023, registered for offences under Sections 363, 366(A)/34 of the Indian Penal Code.

Court's answer

Considering the facts and circumstances of the case, the application for anticipatory bail was allowed.

Ratio / Principle

In the event of arrest or surrender within four weeks, the petitioner to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Jhanjharpur, Madhubani/concerned court below in connection with Lakhnaur (R.S.O.P.) P.S. Case No.70 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail - granted. Criminal Miscellaneous No.5838 of 2024, High Court of Judicature at Patna (oral order, 05-07-2024, Honourable Mr. Justice Sandeep Kumar). Santosh Yadav apprehended arrest in Lakhnaur P.S. Case No. 70 of 2023 (District Madhubani), registered for offences under Sections 363, 366(A)/34 of the Indian Penal Code, wherein the victim was alleged to have been kidnapped by the accused persons. Petitioner's counsel pleaded innocence and clean antecedents, noting that in her statement recorded under Section 164 of the Cr.P.C. the victim said she went to Delhi alone and there married Babusaheb; the learned APP vehemently opposed the prayer for bail. Considering the facts and circumstances, the Court allowed the application and directed release on bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Jhanjharpur, Madhubani, on arrest or surrender within four weeks, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5838 of 2024

Arising Out of PS. Case No.-70 Year-2023 Thana- LAKHNAUR District- Madhubani

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

Santosh Yadav S/O- Hare Krishan Yadav @ Nathuni Yadav R/O- VillageBarha, P.S.- Babubarhi, Dist.- Madhubani

... ... Petitioner/s

Versus

THE STATE OF BIHAR , PATNA

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 05-07-2024

Heard the learned counsel for the petitioner and

learned counsel for the State.

2 . The petitioner apprehends his arrest in the

present case registered for offences under Sections 363, 366(A)/34 of the Indian Penal Code.

3 . As per the prosecution case, the victim is alleged to have been kidnapped by the accused persons.

4 . Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. Victim in her statement recorded under Section 164 of the Cr.P.C. has submitted that she went to Delhi alone and at Delhi she married with Babusaheb. Petitioner claims clean antecedent.

5 . Learned APP for the State has vehemently

Patna High Court CR. MISC. No.5838 of 2024(4) dt.05-07-2024 2/2

opposed the prayer for bail.

6 . Considering the facts and circumstances of the

case, this application for anticipatory bail is allowed.

7 . Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Jhanjharpur, Madhubani/concerned court below in connection with Lakhnaur (R.S.O.P.) P.S. Case No.70 of 2023 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8 . This application for anticipatory bail is allowed.

(Sandeep Kumar, J)

Shishir/-

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