The Patna High Court granted bail to the petitioner in a case under Section 366-A IPC, noting the informant was a consenting party who changed her story and was absent during the alleged occurrence. Bail is secured on a bond with sureties.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16384 of 2016
Arising Out of PS.Case No. -53 Year- 2015 Thana -KHUDWAN District- AURANGABAD ====================================================== 1. Bhusan Yadav S/o Shivnandan Yadav R/o Vill- Ramnagar, P.S.Khudwan, District- Aurangabad. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence punishable under sections 366-A of the Indian Penal Code. The petitioner is in jail custody since 18.12.2015. From a perusal of the F.I.R. it would appear that the informant was a consenting party. Statement of the informant was recorded under section 164 Cr.P.C. in which she changed her storey. Moreover, the informant was not there at the time of the alleged occurrence. Considering the aforesaid facts and circumstances of the case as well as submission of the parties,
Patna High Court Cr.Misc. No.16384 of 2016 (2) dt.22-04-2016
2
the petitioner above named 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, Daudnagar, Aurangabad in connection with Khudwan P.S. Case No. 53 of 2015.
(Hemant Kumar Srivastava, J)
Amin/-
U
1 issue framed by the court
Whether the petitioner is eligible for bail in a case concerning abduction of a woman by inducing her to go with him knowing that she would be married.
Bhusan 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
