Allowed

Alok Kumar Goel v. The State Of Bihar

Patna HC10 Jul 2014CR. MISC./28689/2014

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a case involving abduction of family members under Section 366 IPC. The court held the prosecution story improbable due to an inordinate delay in lodging the FIR (15 days) and lack of recorded victim statements.

What did the court decide?

Petitioner released on bail with a bond of Rs. 10,000 and two sureties of the like amount each.

Alok Kumar Goel Vs The State Of Bihar — Cheating and Forgery | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28689 of 2014

¶2

Arising Out of PS.Case No. -75 Year- 2008 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Alok Kumar Goel .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kameshwar Prasad Gupta For the Opposite Party/s : A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 10-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks regular bail in a case registered under Section 366 of the Indian Penal Code. Allegedly the wife, one son and two daughters of the informant were taken away by the petitioner and other co accused with cash and ornaments. Submission at the Bar for release of the petitioner is of false implication and further that the petitioner used to protest the behaviour of the informant who used to assault his wife and children. The wife and the children have suo motu appeared. Their statements have not been recorded under Section 164 Cr.P.C. The prosecution story appears not probable and reliable and in this false case, which was lodged after fifteen days from the date of

¶3

Patna High Court Cr.Misc. No.28689 of 2014 (2) dt.10-07-2014

¶4

¶5

occurrence without any explanation, the petitioner is suffering in custody since 03/03/2014 to which learned A.P.P. opposes.

¶6

Considering the inordinate delay in lodging the FIR without any explanation and further the recovery of the victims, let petitioner, Alok Kumar Goel, 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 S.D.J.M., Raxaul at Motihari, in Raxaul P.S.Case no. 75/08, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain physically present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

¶7

(Jitendra Mohan Sharma, J)

¶8

singh/-

¶9

Alok Kumar Goel v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Alok Kumar Goel v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shantnu Sinha Vs State Of Bihar and Anr.

Kishore Rai Vs The State Of Bihar

Brahamdeo Yadav @ Brahmdeo Yadav and Ors. Vs The State Of Bihar

Abhay Kumar Singh Vs The State Of Bihar

Arjun Purvey Vs The State Of Bihar

Satya Nand Singh @ Sachita and Anr. Vs The State Of Bihar