Single Judge bail order in a kidnapping case. The Court allowed bail noting lack of eyewitness to the alleged assault and abduction incident, despite the petitioner's custody duration.
Release of the petitioner on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each.
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.
B.A. No. 155 of 2018
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Golu Kumar @ Golu
…. …. Petitioner(s).
Versus
The State of Jharkhand …. …. Opp. Party(s) ------ CORAM : HON'BLE MR. JUSTICE ANANDA SEN.
-----For the Petitioner(s) : Ms. Rashmi Kumari, Advocate For the State : A.P.P.
09/11.05.2018
Heard learned counsel for the parties.
The petitioner is an accused for allegedly committing an offence punishable under Sections 364/34 IPC.
Son of the informant went to Jhumritelaiya along with his friend Rakesh Kumar. Thereafter they met the petitioner and some altercation had taken place as a result of which Sudhir Malakar @ Popat assaulted them by sticks. Amit Kumar and Rakesh Kumar fled from the place of occurrence. Whereabouts of the son of the informant was not known as he did not return. He is missing since that date.
Counsel for the petitioner submits that there is nothing against this petitioner save and except the fact that petitioner has called the missing person along with his friends .
Learned A.P.P. and the informant oppose the prayer for bail and submits that informant has been threatened by the petitioner and their family members.
After taking into consideration the fact of this case, I find that there is no eye witness to the said occurrence. Whereabouts of Golu Kumar is still unknown. Save and except that the petitioner called the son of the informant there is no other allegation.
Taking into consideration the aforesaid fact and the fact that petitioner is in custody since 14.09.2017, I am inclined to allow this application. Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Koderma in connection with Telaiya Police Station Case
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No. 278 of 2017 (G.R. No. 946 of 2017), subject to the condition that the petitioner should appear and mark his attendance before the Telaiya police station in the district of Koderma once in a month, failing which his bail bond shall stand cancelled and the officer-in-charge Telaiya police station will take appropriate steps for his arrest.
(ANANDA SEN , J)
anjali/ C.P 3
1 issue framed by the court
Whether the petitioner should be released on bail in a case alleging kidnapping under Sections 364/34 IPC.
Golu Kumar @ Golu
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
