Honourable Mr. Justice Rajendra Kumar Mishra granted bail to the petitioner accused in a kidnapping case (S. 366-A IPC), directing him to execute a bond of Rs. 10,000 with two sureties, one being a close relative.
Petitioner released on bail bond of Rs. 10,000 with two sureties (one close relative) for Barahiya P.S. Case No. 29 of 2016.
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Patna High Court Cr.Misc. No.27769 of 2016 (2) dt.12-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27769 of 2016
Arising Out of PS.Case No. -29 Year- 2016 Thana -BARAHIYA District- LAKHISARAI ====================================================== Golu Choudhary, son of Bilas Choudhary, resident of Village- Barahiya Ward no. 18, P.S- Barahiya, District- Lakhisarai. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Prasad, Advocate. For the Opposite Party/s : Mr. Sahin Begum (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 2 12-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is accused in connection with Barahiya P.S. Case No. 29 of 2016 registered under Section 366(A)/34 of the Indian Penal Code.
The accusation is that Komal Kumari, minor daughter of informant, went to school but she did not return. Informant searched his daughter 2-3 days in relation but no trace was found but he came to know that his neighbor Pawan Kumar Das has kidnapped his daughter with the help of petitioner.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is direct allegation against Pawan Kumar Das, who is neighbor of the informant, to kidnap
Patna High Court Cr.Misc. No.27769 of 2016 (2) dt.12-07-2016
the daughter of informant. Only suspicion has been raised against this petitioner to help co-accused Pawan Kumar Das in the kidnapping. Further submission is that there were love affairs between co-accused Pawan Kumar Singh and daughter of the informant and she move herself with Pawan Kumar Singh according to her sweet will. It is further submitted that petitioner has no criminal antecedent and he is in custody since 14.03.2016.
Having regard to the facts and the circumstances of
the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, in connection with Barahiya P.S. Case No. 29 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner accused in kidnapping is eligible for bail on the ground of lack of direct allegation and no criminal antecedent?
1 provisions across 1 enactments
Golu Choudhary
State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
