FEKAN YADAV Vs. SATENDRA YADAV @ BOSS YADAV @ SATENDRA KUMAR
LAWS(SC)-2017-9-22
SUPREME COURT OF INDIA
Decided on September 19,2017

Fekan Yadav Appellant
VERSUS
Satendra Yadav @ Boss Yadav @ Satendra Kumar Respondents

JUDGEMENT

S.ABDUL NAZEER,J. - (1.) Leave granted.
(2.) Respondents 1 and 2 were apprehending their arrest in Karpi P.S. Case No.07/17, registered under Section 363, 365 read with Section 34 of IPC. Therefore, they filed an anticipatory bail petition to extend the privilege of pre-arrest bail to them, before the Additional Sessions Judge-II, Jehanabad in A.B.P.No.148 of 2017. Learned Sessions Judge by his order dated 16.02.2017, rejected their petition. Thereafter they filed a petition before the High Court of Judicature at Patna in Criminal Miscellaneous No.12482 of 2017. The High Court vide order dated 27.4.2017, allowed the petition and granted anticipatory bail to them, subject to certain conditions stated therein. The appellant has questioned the legality and correctness of the said order in this appeal.
(3.) Learned counsel for the appellant submits that the son of the appellant, namely, Bittu Kumar was kidnapped by respondents 1 and 2 and other co-accused on 3.1.2017. The appellant could not trace the child despite his best efforts. Therefore, the appellant lodged FIR with the Karpi Police Station. It is further submitted that few months prior to the kidnapping, the respondent No.1 had threatened the appellant that he will kill the appellant's son. Therefore, the High Court was not justified in granting anticipatory bail to respondent Nos. 1 and 2.;


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