The Patna High Court granted bail to the petitioner, who was not named in the FIR and had no criminal record, apprehending arrest in a case involving minor offences under Section 364/34 IPC.
Petitioner released on bail upon arrest or surrender within twelve weeks, bond Rs.10,000 with two sureties of Rs.10,000 each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.824 of 2013
====================================================== Pritam Kumar S/O Sidnath Singh R/O Vill-Telpa, P.S.-Bikram, Distt-Patna. .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 29-04-2013 Heard learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 364/34 of the Indian Penal Code. It is alleged that the informant performed love marriage with Babali Kumari @ Akanksha Kumari when she left the house on 24.07.2012 and thereafter she went traceless when the cousin-sister of the informant conveyed the informant that the wife of the informant has gone to the house of Pintu to meet her brother Santosh Kumar and his wife. The name of the petitioner sprang up in subsequent statement of the informant in paragraph no. 33 of the case diary when suspicion has been raised against the person who called the victim as the petitioner happens to be the brother-in-law (sala) of the brother of the victim.
Patna High Court Cr.Misc. No.824 of 2013 (5) dt.29-04-2013
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It is submitted by learned senior counsel
for the petitioner that Mobile number which has been
recorded in paragraph no. 44 of the case diary is
registered in the name of Sanjay and not in the name
of the petitioner.
Considering the fact that the petitioner is
not named in the F.I.R. and there is suspicious
nature of accusation when a statement has been made
in paragraph no. 12 of the petition that the
petitioner has no criminal antecedent, let the
petitioner, above named, be released on bail in the
event of arrest or surrender before the learned
court below within a period of twelve weeks from
today in connection with Danapur P.S. Case No. 280
of 2012 on furnishing bail bond of Rs.10,000/-(Ten
Thousand) with two sureties of the like amount each
to the satisfaction of the learned A.C.J.M. Danapur,
Patna, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J)
U.K./-
1 issue framed by the court
Whether the petitioner, not named in the FIR and having no criminal antecedent, is entitled to bail on apprehension of arrest under Section 364/34 IPC.
Pritam Kumar
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court