Bail application in a case involving offences under Sections 366A/34 IPC. Court considered victim's statement and granted bail on condition of bond and sureties.
Petitioner released on bail, furnished bond of Rs.10,000 with two sureties of like amount to S.D.J.M., Jamtara.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No.4937 of 2016
Naresh Rai, S/o Sri Bhukhal Rai, R/o Village – Bhalgarha, P.O. - Sinduri, P.S. - Narayanpur, District – Jamtara (Jharkhand) ….. Petitioner
Versus
The State of Jharkhand ….. Opp. Party
---------
CORAM: HON'BLE MR. JUSTICE ANANDA SEN
--------- For the Petitioner : Mr. Kaushik Sarkhel, Advocate For the State : Mr. R. K. Mishra, A.P.P ---------
02/Dated: 9th June, 2016
Heard learned counsel for the petitioner as well as learned counsel for the State.
2. The petitioner has been made an accused for the offence under Sections 366A/ 34 of the Indian Penal Code.
3. The informant has alleged in the F.I.R that her daughter has been abducted by the accused person.
4. Learned counsel for the petitioner submits that the victim girl has been recovered and her statement under Section 164 Cr.P.C has been recorded, which has been annexed as Annexure – 4 to this bail application and from perusal of the statement, it is quite clear that the allegation against the petitioner is that he was only present at the house of Pankaj. He further submits that the victim girl, in her statement, has herself stated that she on her own will went to the house of Pankaj at about 2:00 – 2:30 A.M. (night).
5. Learned A.P.P has opposed the prayer for bail.
6. In the aforementioned facts and circumstances and taking into consideration the statement of the victim girl, recorded under Section 164 Cr.P.C, the petitioner, Naresh Rai is directed to be released on bail on furnishing bail bond of Rs.10,Chandan/-000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Jamtara, in connection with Narayanpur P.S. Case No.44 of 2013, corresponding to G.R. No.354 of 2013.
(Ananda Sen, J.)
Chandan/-
2 issues framed by the court
Whether the petitioner is entitled to be released on bail after appearing before the ledge in the FIR that she has been abducted by the accused.
Whether the victim's statement recorded under Section 164 Cr.P.C. supports the petitioner's claim of mere presence and thus warrants a grant of bail.
2 provisions across 2 enactments
Naresh Rai
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
