In bail plea under Sections 366, 366A/34 IPC regarding alleged kidnapping of a minor girl, the High Court, finding that further detention would serve no purpose, directed the petitioner's release on bail.
Directed the petitioner to be released on bail upon execution of a bond of Rs. 10,000/- with two sureties, subject to standard conditions.
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.5276 of 2016 (3) dt.30-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5276 of 2016
Arising Out of PS.Case No. -813 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI)
| ====================================================== 1. Hari Om Sharma Son of Sri Lachhuman Sharma resident of village– |
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|---|---|
| Turkaulia Baswariya Tola, P.S. Turkaulia, District - East Champaran………………………………... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Arbind Kr.Pandey(App) ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER |
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| 3 | 30-03-2016 Heard learned counsel for the petitioner and learned APP for |
| the Sate. | |
| The petitioner seeks bail in connection with Turkauliya P.S. | |
| Case No. 813 of 2015 registered for the offences punishable under | |
| Sections366, 366A/34 of the Indian Penal Code. | |
| Allegedly, Shalu Kumari aged 17 years, the daughter of the informant, after receiving the call went away from the house and became traceless and it is alleged that the petitioner and other co- |
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| accused working in stitching centre have kidnapped her. |
Submission is of false implication and that the petitioner was apprehended on 29.11.2015 from his house, earlier to the petitioner co-accused Ajay Sah was arrested on 28.11.2015 and both showed ignorance, as a matter of fact the victim girl was having love affairs with co-accused Perwej Ansari and that Perwej Ansari is still traceless and he has called the victim girl from his mobile and as such the
Patna High Court Cr.Misc. No.5276 of 2016 (3) dt.30-03-2016
petitioner who is suffering in custody deserves sympathetic consideration to which learned APP opposes by submitting that it is true that the petitioner and co-accused Ajay Sah have not confessed their guilt but one co-accused Jitendra Kumar has confessed his guilt and it has come that the petitioner also helped Perwej Ansari in taking away the victim girl.
In the facts and circumstances stated above, considering that no fruitful purpose is going to be served in detaining the petitioner in custody, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia P.S. Case No. 813 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail considering he has suffered in custody and the same would serve no fruitful purpose.
1 provisions across 1 enactments
Hari Om Sharma
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
