This bail petition concerns charges of kidnapping under IPC 366A/34. The court considered the victim's statement clarifying no sexual misconduct and the release of co-accused, granting bail upon surety.
Released on bail with a bond of Rs. 10,000 and two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.54353 of 2013
====================================================== Mithun Paswan, S/O Basdeo Paswan, R/O Village Jahangirpur, P.S. Motipur, District Muzaffarpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Manoj Kumar Manoj, Advocate. For the Opposite Party : Mr. G.S. Gupta, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 3 10-02-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered under Sections 366A/34 of the Indian Penal Code on the allegation of kidnapping of the informant’s daughter aged 15 years. Submission is that statement under Section 164 of the Cr.P.C. has been brought on record through Annexure-2, wherein the victim has stated that all the accused wanted that she should marry with Mohan Paswan and she has further clarified that nobody has committed anything foul with her. Similary situated co-accused Mohan Paswan and Ramesh Paswan have been admitted to bail by this Court.
Patna High Court Cr.Misc. No.54353 of 2013 (3) dt.10-02-2014
2
Considering the facts and circumstances of the case, the above named petitioner is directed to 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 the learned Sub-Divisional Judicial Magistrate/court concerned, West Muzaffarpur in connection with Motipur P.S. Case No. 250 of 2012.
(Shyam Kishore Sharma, J.)
KKSINHA/-
1 issue framed by the court
Whether the petitioner is entitled to release on bail in a kidnapping case under Sections 366A/34 IPC where the victim stated no foul play occurred and co-accused were granted bail.
2 provisions across 2 enactments
Mithun Paswan
The State of Bihar
Shyam Kishore Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
