In a bail application under Section 364-A IPC arising from recovery of a victim, the High Court of Jharkhand directed the petitioner release on bail furnishing a bond and two sureties.
Release of petitioner on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 2724 of 2016
Lav Paswan @ Luv Paswan …. Petitioner Versus The State of Jharkhand …. Opposite Party
CORAM: HON'BLE MR. JUSTICE AMITAV K. GUPTA
For the Petitioner : Ms. Amar Shekhar, Rahul Pandey, Advocates For the State : A.P.P.
08/ Dated 11th August, 2016
The petitioner has been made an accused in connection with Burhmu P.S. Case No. 46 of 2014 registered under Section 364-A of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner has been made an accused on the basis of confessional statement of co-accused. It is further submitted that this petitioner was arrested with other co-accused when the victim was recovered but the victim has nowhere stated that the accused persons were arrested by the police. It is submitted that this petitioner was never put on TIP and save and except the statement of the police that he was arrested at the time of recovery of the victim.
Learned counsel for the State opposes the prayer for bail and submits that in paragraph nos. 118 and 122 of the case diary the investigating officer has stated that this petitioner along with other co-accused persons were arrested at the time the victim was recovered from their possession.
Heard. Considering the fact that petitioner has not been identified by the victim, the petitioner above named is directed to be enlarge on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.J.C- XVIII, Ranchi in connection with Burhmu P.S. Case No. 46 of 2014 corresponding to G.R. No. 4414 of 2014 (S.T. No.705 of 2014).
(Amitav K.Gupta, J.)
Anjali /-
1 issue framed by the court
Whether the petitioner is entitled to bail given he was not identified by the victim and was arrested during victim recovery.
1 provisions across 1 enactments
Lav Paswan
The State of Jharkhand
Amitav K Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
