Single judge order granting regular bail to petitioner charged under Sections 363 and 366A of the Penal Code, directing release upon furnishing a bail bond and sureties subject to appearance conditions.
Petitioner released on bail on bond of Rs.10,000 with two sureties of Rs.10,000 each.
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Patna High Court Cr.Misc. No.27691 of 2012 (4) dt.02-04-2013
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27691 of 2012
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Versus
.... Opposite Party
====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER
Heard learned counsel for the petitioner and the
4 02-04-2013
State.
This is a petition for grant of regular bail for offence under Sections 363 and 366A of the Penal Code.
The learned counsel for the petitioner submits that during trial six witnesses have been examined, including the victim and the victim has not supported the prosecution case about her kidnapping. However, in the case diary and in statement under Section 164 of the Criminal Procedure Code the prosecution has supported the case. The petitioner is in jail since 24.03.2012.
Hence, having regard to the facts and circumstances of the case, 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 in connection with S. Tr. No. 164 of 2012 arising out of Bhagwanpur P.S. Case No. 113 of 2011 to the satisfaction of the Additional Sessions Judge, Fast Track Court, V, Vaishali at Hajipur, subject to the condition that the petitioner shall appear in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself.
(Gopal Prasad, J)
SA/-
1 issue framed by the court
Whether the petitioner is entitled to regular bail in cases under Sections 363 and 366A PC given the victim's lack of support in trial despite prosecution evidence.
2 provisions across 2 enactments
SUBODH KUMAR
THE STATE OF BIHAR
GOPAL PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
