Patna High Court granted bail to accused petitioners apprehending arrest in a kidnapping case, allowing surrender within 12 weeks on furnishing bond and sureties under CrPC Section 438(2).
Released on bail in event of arrest or surrender within 12 weeks by furnishing bond of Rs. 10,000 each with 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.
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46804 of 2012 ====================================================== 1. Md. Nabi @ Sukhada @ Nazim. 2. Md. Gani @ Gamra. |
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| .... .... Petitioners. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 2 | 15-01-2013Heard learned counsels for the petitioners |
and the State.Thepetitionersareapprehendingtheir |
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arrest in a case registered for the offences |
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punishable under Section 366(A)/34 of the Indian |
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Penal Code. |
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The accusation is of kidnapping the minor |
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daughter of the informant. |
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It is submitted by learned counsel for the |
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petitioners that in 164 Cr. P.C. statement, the |
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victim got her age recorded 19 years when the |
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learned court below has assessed 18 years where she |
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stated that she of her own married with petitioner |
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no.1 when the petitioner no. 2 is the father of |
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petitioner no. 1. |
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Considering the aforesaid facts, let the |
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petitioners, above named, be released on bail in theevent of arrest or surrender before the learned |
Patna High Court Cr.Misc. No.46804 of 2012 (2) dt.15-01-2013
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court below within a period of twelve weeks from
today in connection with Dhoraiya (Dhankund) P.S.
Case No. 110 of 2010 on furnishing bail bond of
Rs.10,000/-(Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the
learned C.J.M. Banka, subject to the conditions as
laid down under Section 438(2) of the Code of
Criminal Procedure.
U.K./-
(Dinesh Kumar Singh, J)
2 issues framed by the court
Whether the petitioners should be granted bail in connection with the kidnapping case pending against them.
Whether the discrepancy in the recorded and assessed age of the victim affects the bail application.
2 provisions across 2 enactments
Md. Nabi @ Sukhada @ Nazim
Md. Gani @ Gamra
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court