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2025 DAILYLAW 34159 (PAT)

Kapleshwar Yadav v. The State of Bihar

CR. MISC./25806/2025 · 2025-07-24

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25806 of 2025 Arising Out of PS. Case No.-137 Year-2022 Thana- DARBHANGA SADAR District- Darbhanga ====================================================== 1 . Kapleshwar Yadav S/o Upendra Yadav R/o Village- Chhabaila, P.S.- Sonki, District- Darbhanga 2. Rakesh Yadav @ Rakesh Kumar Yadav S/o Rajkumar Yadav R/o Village- Chhabaila, P.S.- Sonki, District- Darbhanga ... ... Petitioner/s Versus 1 . The State of Bihar 2. Lal Babu Yadav Son of - Ram chalitar Yadav R/o- Village- Chawela, P.S. - Sadar (Sonki O.P.), District - Darbhanga. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagnnath Singh, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 24-07-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 363 and 366 (A) of the Indian Penal Code and section 4 of POCSO Act. 3 . As per the prosecution case , on the alleged date and time of occurrence , these petitioners along with other co- accused persons kidnapped the minor daughter of informant. The victim in her statement recorded under section 164 Cr. P C has supported the factum of kidnapping and categorically stated that it was these petitioners who kidnapped her and also Patna High Court CR. MISC. No.25806 of 2025(3) dt.24-07-2025 2/2 demanded Rs. 10 lakh from father of victim as ransom. The Court below has assessed the age of the victim as 14 years. 4. Considering the nature of accusation , statement of the victim under section 164 Cr. P C and gravity of offence , prayer for pre-arrest bail of the petitioners is rejected. Koushik/- (Prabhat Kumar Singh, J) U T