Mithilesh Singh v. The State Of Bihar
Case brief
What is this about?
The Patna High Court rejected the petitioner's application for anticipatory bail in a kidnapping case, finding it not a fit case, but directed him to surrender for regular bail consideration.
What did the court decide?
The prayer for anticipatory bail is rejected; the petitioner is directed to surrender and seek regular bail.
What the court decided
A compact analysis
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.
Patna High Court Cr.Misc. No.31088 of 2016 (2) dt.19-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31088 of 2016
Arising Out of PS.Case No. -15 Year- 2016 Thana -MALI District- AURANGABAD ====================================================== Mithilesh Singh S/o Raja Ram Singh resident of Village- Dhiri Bigha, P.S.Mali, District- Aurangabad. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 19-08-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Mali P.S. Case No. 15 of 2016 pending in the Court of Judicial Magistrate 1st Class, Aurangabad instituted for the offence punishable under Section 366(A)/34 of the Indian Penal Code for kidnapping the minor daughter of the informant who was working in the mobile shop of the petitioner. According to FIR, when the daughter of the informant did not come her home on the relevant date, an enquiry was made with the petitioner where after it was disclosed that she had gone with two other persons.
The contention of the petitioner is that even according to FIR, petitioner is not the kidnapper. The girl has written some
Patna High Court Cr.Misc. No.31088 of 2016 (2) dt.19-08-2016
letter showing innocence of the victim petitioner. Petitioner having no criminal antecedent deserves anticipatory bail.
Issues for consideration
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for kidnapping.
Whether the petitioner qualifies for anticipatory bail given the allegations of complicity.
What directions should be issued to the petitioner regarding surrender and bail applications.
Parties & counsel
- petitioner
Mithilesh Singh
- respondent
The State of Bihar
Coram
Kishore Kumar Mandal
Case details
As recorded by the court registry
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