The Patna High Court allowed an application for regular bail, directing the petitioner to surrender before the lower court within six weeks. Bail was granted contingent on such surrender in a kidnapping case.
The petitioner directed to surrender before the learned court below within six weeks, upon which regular bail will be considered.
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.47633 of 2012 (2) dt.21-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47633 of 2012
====================================================== Phool Kumari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-01-2013 Heard learned counsels for the petitioner
and the State.
The petitioner is apprehending her arrest
in a case registered for the offences punishable under Sections 365, 366 and 372/34 of the Indian Penal Code.
The accusation is of kidnapping the minor daughter of the informant.
It is submitted by learned counsel for the petitioner roped in 164 Cr.P.C. statement of the victim who named this petitioner when others have been granted regular bail vide Cr. Misc. Nos. 37303 of 2011 and 12546 of 2012.
This Court sees no reason for learned court below not to consider the regular bail of the petitioner, if the petitioner surrenders before the
Patna High Court Cr.Misc. No.47633 of 2012 (2) dt.21-01-2013
learned court below within a period of six weeks from today in connection with Araria P.S. Case No.
549 of 2010 pending in the court of learned CJM, Araria.
With the aforesaid observation, this application is disposed of.
Let the order be transmitted to the learned court below through fax at the cost of the petitioner.
(Dinesh Kumar Singh, J.)
DKS/
2 issues framed by the court
Whether the petitioner is entitled to regular bail within a specified period upon surrender.
Whether a statement given by the victim naming the petitioner justifies granting bail to her if she surrenders.
2 provisions across 2 enactments
Phool Kumari
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
