The Patna High Court released the petitioner on bail in a kidnapping case after observing that the informant's sister committed suicide while seeking the victim's return. The court refused to find safeguards in the petitioner.
Petitioner released on bail by furnishing 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.
Patna High Court Cr.Misc. No.18883 of 2013 (2) dt.15-07-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18883 of 2013
====================================================== Md. Gulam Alam .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 15-07-2013 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 14.6.2012 in a case registered for the offences punishable under Sections 363,364,376 and 120B/34 of the Indian Penal Code.
It is alleged that sister of the informant went to ease out when she did not return. Subsequently, Abha Devi disclosed the names of some of the accused persons and the co accused disclosed the name of this petitioner.
It is submitted that though the victim named this petitioner also at fag end of 164 Cr.P.C. statement where it is not specifically alleged anything against the petitioner when Abha Devi, the sister in law of the informant has been instrumental in kidnapping the victim who has been granted bail vide Cr. Misc. No. 37982 of 2012 and other accused has also been granted bail vide Cr. Misc. No.45146 of 2012.
Considering the aforesaid facts, let the above named
Patna High Court Cr.Misc. No.18883 of 2013 (2) dt.15-07-2013
petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura in connection with Bihariganj P.S. Case No. 77 of 2012.
(Dinesh Kumar Singh, J)
Anil/-
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a case involving kidnapping and other serious offences.
Whether the fact that the sister of the informant committed suicide and the victim was granted bail cumulatively justify granting bail to the petitioner.
1 provisions across 1 enactments
Md. Gulam Alam
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
