Patna High Court granted anticipatory bail to three petitioners in a kidnapping case under IPC Sections 366A/34, subject to bond and sureties within 12 weeks, upon satisfaction of SDJM Sheohar.
Released on anticipatory bail for 12 weeks upon arrest/surrender to SDJM Sheohar, subject to bond of Rs. 10,000 and two sureties.
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.
Patna High Court Cr.Misc. No.15457 of 2013 (3) dt.08-05-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15457 of 2013
====================================================== 1. Chitranjan Singh S/O Late Ram Lalan Singh Resident Of Village - Inarwa, P.S. - Piparahi, District - Sheohar. 2. Suresh Singh S/O Late Ram Bilas Singh @ Bilas Singh Resident Of Village - Inarwa, P.S. - Piparahi, District - Sheohar. 3. Sunil Singh S/O Late Ram Sewak Singh Resident Of Village - Inarwa, P.S. - Piparahi, District - Sheohar. .... .... Petitioner/s Versus 1. The State Of Bihar. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 08-05-2013 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
The accusation is of kidnapping the minor daughter of the informant.
It is submitted that the petitioners were not named in the FIR. In 164 Cr.P.C. statement though the victim made accusation against Umesh Singh and Shekhar Singh to have taken her to Sheohar when the petitioners were present at the time of marriage when she was forced to marry with Sujit Kumar who established physical relationship with her. It is further submitted that the accusation was found false and final form was submitted against the
Patna High Court Cr.Misc. No.15457 of 2013 (3) dt.08-05-2013
petitioners but differing with the same cognizance has been taken while it is submitted by learned counsel for the informant that the victim was found to be minor when she named the petitioners in 164 Cr.P.C. statement.
Considering the thrust of accusation against Sujit Kumar, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Sheohar in connection with Piparahi P.S. Case No. 58 of 2011 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Anil/-
1 issue framed by the court
Whether petitioners should be released on anticipatory bail in apprehended arrest under Section 438 Cr.P.C. in kidnapping case.
2 provisions across 2 enactments
Chitranjan Singh
Suresh Singh
Sunil Singh
The State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
