Allowed

Jhunnu Patel v. The State Of Bihar

Patna HC10 Dec 2014CR. MISC./44839/2014

Case brief

AI extract

What is this about?

This judgment grants bail to three petitioners facing charges of abduction, robbery, and intimidation. The Court relies on the victim's recorded statement indicating she accompanied the petitioners willingly, granting release on bonds with strict conditions regarding sureties and court attendance.

What did the court decide?

Petitioners directed to be released on bail of Rs. 10,000/- each with two sureties of Rs. 10,000/- each, subject to conditions.

Jhunnu Patel Vs The State Of Bihar — Cheating and Forgery | Patna HC (2014)

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Patna High Court Cr.Misc. No.44839 of 2014 (2) dt.10-12-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44839 of 2014

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Arising Out of PS.Case No. -226 Year- 2014 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== 1. Jhunnu Patel Son of Late Mahendra Patel Resident of village- Padheri, P.S.- Lauriya, District- West Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.44840 of 2014

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Arising Out of PS.Case No. -226 Year- 2014 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH)

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====================================================== 1. Rakesh Patel Son of Satya Narayan Prasad resident of village- Dhuswa, Police Station- Nautan, District- West Champaran 2. Dinesh Patel Son of Late Mahendra Patel resident of village- Padri, Police Station- Lauriya, District- West Champaran

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.44839 of 2014) For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan (App) (In Cr.Misc. No.44840 of 2014) For the Petitioner/s : Mr. Sachida Nand Rai For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

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2 10-12-2014 Heard learned counsel for the petitioners and the

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State.

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Both the bail petitions have arisen out of one occurrence i.e. Yogapatti (Sanichari) P.S. Case No. 226 of 2014

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Patna High Court Cr.Misc. No.44839 of 2014 (2) dt.10-12-2014

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registered for the offences punishable under Sections 366A, 379, 506 of the Indian Penal Code and as such have been heard together and are being disposed of by this common order.

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Allegedly, the married daughter of the informant was taken away at the point of gun and further ornaments valued at Rs. 1,00,000/- and cash of Rs. 25,000/- were taken away. During investigation, the victim girl has appeared and her statement under Section 164 Cr. P.C. has been recorded wherein she has stated that she went with petitioner Jhunnu Patel out of her own sweet will and no unlawful act was committed upon her.

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Submission at the bar for release of the petitioners is that in the light of statement under Section 164 Cr. P.C. petitioners deserve sympathetic consideration.

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In view of the facts and circumstances as stated above, considering the statement of the victim girl recorded under Section 164 Cr. P.C. who is aged about 19 years, the petitioners Jhunnu Patel, Rakesh Patel and Dinesh Patel are hereby directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Yogapatti (Sanichari) P.S. Case No. 226 of 2014, subject to the conditions

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Patna High Court Cr.Misc. No.44839 of 2014 (2) dt.10-12-2014

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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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

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(Jitendra Mohan Sharma, J) Md. Ibrarul/U T U

Jhunnu Patel v. The State Of Bihar

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Jhunnu Patel v. The State Of Bihar

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