Patna High Court rejected regular bail application in a kidnapping case due to victim's tracelessness and co-accused confession, allowing renewed prayer post-charge framing.
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.33530 of 2017 (3) dt.07-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33530 of 2017
Arising Out of PS.Case No. -64 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF)
| ===================== Tulla Yadav |
================================= .... .... Petitioner/s Versus |
|---|---|
| The State of Bihar ===================== |
.... .... Opposite Party/s ================================= |
| Appearance : | |
| For the Petitioner/s : | Mr. Ramakant Sharma, Sr. Adv. |
| For the Opposite Party/s : | Mr. Sri Chaubey Jawahar, APP |
| For the informant : | Mr. Tej Narayan Singh, Adv. |
| ===================== | ================================= |
CORAM: HONOURABLE ORAL ORDER |
MR. JUSTICE VINOD KUMAR SINHA |
3 07-08-2017 The petitioner seeks regular bail in connection with Chandi P.S. Case No. 64 of 2017, registered for offences punishable under Sections 363, 364(A), 120(B)/34 of Indian Penal Code.
Allegation against the petitioner and other co accused persons is of kidnapping the husband of the informant.
It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name has been dragged in this case only on the basis of suspicion on the basis of confessional statement of co-accused. Further petitioner has no criminal antecedent and has been in judicial custody since 29.05.2017.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that there is confession of co-accused in this case and apart from that
Patna High Court Cr.Misc. No.33530 of 2017 (3) dt.07-08-2017
victim is still traceless.
Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.
However, the petitioner may renew his prayer for bail after
framing of charge in this case.
(Vinod Kumar Sinha, J)
sunil/-
U T
1 issue framed by the court
Whether the petitioner should be released on regular bail in a kidnapping case pending charge framing.
1 provisions across 1 enactments
Tulla Yadav
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
