This order grants bail to the petitioner in a kidnapping complaint case. The court accepted that the victim girl had returned home and the case was compromised, leading to release on bail bonds with sureties.
Petitioner released on bail on furnishing bail bonds of Rs. 10,000/ each with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15972 of 2016
| Arising Out of Complaint Case No. -49 Year- 2014 Thana -DARBHANGA COMPLAINT CASE District- DARBHANGA ====================================================== |
|---|
| Ajay Yadav @ Ajay Kumar Yadav, Son of Mahendra Yadav. .... .... Petitioner/s Versus |
| 1. The State of Bihar. |
| 2. Rajendra Yadav, Son of Late Domi Yadav. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== |
| CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER |
| 2 21-04-2016 Heard learned counsel for the petitioner as well as |
| learned Additional Public Prosecutor for the State. |
Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 365, 364A/34 of the Indian Penal Code.
Petitioner and other accused are said to have kidnapped the complainant’s minor girl and after that complainant filed complaint case in which enquiry was conducted and prima facie case was found true.
Submission on behalf of the petitioner is that the victim girl had been regularly attending her school which is evident from perusal of Annexure-6 to the petition and as a matter of fact, the present case was filed with ulterior motive. However,
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the complainant has already compromised this case and accepted that his daughter has already returned to her home.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that petitioner is in jail custody since 05.12.2015, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Benipur in connection with Complaint Case No. 49 of 2014.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a kidnapping case where the victim has been returned and the case was compromised.
Ajay Yadav @ Ajay Kumar Yadav
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
