Patna HC released petitioners on bail in kidnapping case (S.363,366A IPC) alleging abducted child for marriage; counsel noted co-accused included petitioner's son and brother-in-law.
Petitioners released on bail with bond of Rs.10,000 each and two sureties of same amount.
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Patna High Court Cr.Misc. No.49728 of 2013 (4) dt.07-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49728 of 2013
====================================================== 1. Kamal Paswan, S/O Late Ram Narain Paswan, Resident of Village Chak Mohabbat, P.S- Ahiyapur, District-Muzaffarpur. 2. Arun Paswan, S/O Mahesh Paswan, Resident of Village- Bara Jagannath, P.S- Ahiyapur, District-Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 4 07-04-2014 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Ahiyapur P.S. Case No. 622 of 2013 registered under Sections 363 and 366A of the Indian Penal Code.
The accusation is that, Anjali Kumari, daughter of informant, Ram Chandra Rai, was kidnapped by the petitioners and Bikas Paswan, son of petitioner, Kamal Paswan, with intention to perform the marriage.
Learned counsel for the petitioners submits that petitioner, Kamal Paswan, who is the father of co-accused, Bikas Paswan, is next door neighbour of informant and petitioner, Arun Paswan, is brother-in-law of co-accused, Bikas Paswan. The victim in her statement, under Section 164 of the Cr.P.C., has
Patna High Court Cr.Misc. No.49728 of 2013 (4) dt.07-04-2014
stated about her kidnapping by three boys but she did not disclose the name of both petitioners and had only stated that she came to know the name of one boy as Bikas and she has also not stated about committing rape on her. It is further submitted that petitioners are in custody since 18.09.2013.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with
Ahiyapur P.S. Case No. 622 of 2013.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
1 issue framed by the court
Whether petitioners should be released on bail in kidnapping case involving accused niece and co-accused
2 provisions across 1 enactments
Kamal Paswan
Arun Paswan
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
