Allowed

Manoj Kumar and Anr. v. The State Of Bihar

Patna HC15 Dec 2015CR. MISC./51224/2015

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to two petitioners facing charges of kidnapping, cheating, and robbery. The court noted familial relationships between the informants and petitioners as a relevant consideration before enlarging them on bail subject to securing a bond and appearing before a Judicial Magistrate.

What did the court decide?

Anticipatory bail granted on security of Rs. 10,000 each with two sureties, subject to appearing before the Judicial Magistrate within four weeks.

Manoj Kumar and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51224 of 2015

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Arising Out of PS.Case No. -267 Year- 2015 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ====================================================== 1. Manoj Kumar 2. Suman Saurav @ Guddu Both are sons of Ramrup Prasad, resident of village- Baldha, P.S.- Nagar Naussa, District- Nalanda .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2 15-12-2015 Heard both sides. The petitioners apprehend arrest in a case registered for the offences punishable under sections 448, 323, 380, 364(A), 511 of the Indian Penal Code and section 27 of the Arms Act. The informant filed a complaint petition on 16.07.2015 alleging therein that the petitioners came to her house on 11.07.2015 and tried to kidnap her. She further alleged that the petitioners and others had already kidnapped her brother Sahil @ Golu and they are demanding a ransom of Rs. Five lacs for release of her brother.

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It is submitted that the occurrence is said to have

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Patna High Court Cr.Misc. No.51224 of 2015 (2) dt.15-12-2015

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taken place on 11.07.2015 but the complaint was filed on 16.07.2015. The informant is the niece (daughter of the sister of the petitioners). It is submitted that petitioner no. 2 Suman Saurav filed Ram Krishna Nagar P.S. Case No. 109 of 2015 under sections 302, 120-B of the Indian Penal Code and section 27 of the Arms Act against Mithilesh Paswan @ Ramanand Paswan for killing his sister Nutan Kumari @ Pinki Sinha, mother of the informant. Brother of the informant made statement under section 164 Cr.P.C. and he disclosed the truth that this case of kidnapping has falsely been filed. He is living with her maternal uncle only because his father asked him to say what he wanted to say. Petitioner no. 1 filed Nagarnausa P.S. Case No. 101 of 2015 against Ram Pravesh Paswan and others for compromise of the case of his sister and on refusal the accused persons assaulted him.

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Considering the fact that the informant is none else than the niece of the petitioners and prior to the present case Suman Saurav, petitioner no. 2, filed annexure-2 Ramkrishna Nagar P.S. Case no.109 of 2015 for the killing of his sister by her husband Mithilesh Paswan, who happens to be the father of the informant, the petitioners, above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail

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Patna High Court Cr.Misc. No.51224 of 2015 (2) dt.15-12-2015

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on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Nalanda at Biharsharif in connection with Chandi P.S. Case No. 267 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

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(Prabhat Kumar Jha, J)

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Amin/U

Manoj Kumar and Anr. v. The State Of Bihar

Case brief

What is this about?

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Manoj Kumar and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

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