The Patna High Court granted bail to the petitioner in a kidnapping case involving offences under Sections 366A/34, 120B IPC, directing execution of a bail bond and sureties with specified conditions.
Petitioner directed to be released on bail on execution of bond of Rs. 10,000 with two sureties under specified conditions.
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Patna High Court Cr.Misc. No.27847 of 2015 (3) dt.15-10-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27847 of 2015 Arising Out of PS.Case No. -231 Year- 2012 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== 1. Shabir Ahmad S/o Sagir Ahmad Resident of village - Ashram Road Chaudhary Tola, P.S. Raxaul, Distt. - East Champaran .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt.Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 15-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State. Petitioner seeks bail in connection with Raxaul P.S. Case No. 231 of 2012 registered for the offences punishable under Sections 366A/34, 120B of the Indian Penal Code. Allegedly, the petitioner kidnapped Nidhi Kumar @ Chand Kumari aged about 15 years when she had gone to attend her school. The victim has given her statement under Section 164 Cr.P.C. wherein she has not stated regarding physical relationship with her by the petitioner and has stated that both were living in separate room at Begusarai. The petitioner is in custody since 24.03.2015.
Patna High Court Cr.Misc. No.27847 of 2015 (3) dt.15-10-2015
In the facts and circumstances stated above, considering the statement of the victim, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari in connection with Raxaul P.S. Case No. 231 of 2012, 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 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.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a kidnapping case after considering the victim's statement.
2 provisions across 2 enactments
Shabir Ahmad S/o Sagir Ahmad
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
