In a criminal bail application under Sections 363 and 364 IPC regarding the disappearance and subsequent recovery of a 1.5-year-old minor girl, the High Court granted bail to the accused mother pending investigation.
Release of petitioner on bail bond of Rs. 10,000 with two sureties of the like amount before CJM Motihari.
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.36688 of 2017
Arising Out of PS.Case No. -160 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== 1. Suman Kumari @ Suman Devi @ Priya Priyanka W/o Sujeet Srivastava @ Vinod Kumar @ Sujeet Kumar, R/o Village- Sugauli Bazar (Turhapatti), P.S.- Sugauli, District- East Champaran.
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shakti Suman Kumar, Dilip Kumar Tandon, Advocates For the Opposite Party/s : Mrs. Anita Kumari, A.P.P. 239 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
The petitioner, who is a lady, seeks regular bail in connection with Sugauli P.S.Case No. 160 of 2017 instituted for the offences punishable under Sections 363 and 364/34 of the Indian Penal Code.
The prosecution case as per written report by the informant is that his minor daughter aged about 1 and ½ years old was traceless and on search she could not be traced out.
It has been submitted by the learned counsel for the petitioner that the petitioner has no criminal antecedent and the
Patna High Court Cr.Misc. No.36688 of 2017 (2) dt.10-08-2017
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allegation is of killing the minor daughter of the informant, who was 1 and ½ years old was totally false. It has further been submitted that the informant is a tenant in the house of the petitioner and the informant had a quarrel with the land lady and only on the basis of suspicion, the petitioner has falsely been implicated and F.I.R. was registered as Sugauli P.S. case No. 160 of 2017 dated 21.05.2017. It has been further stated that on the next date the minor girl was recovered from Subratho Park, New Delhi and the minor girl has been handed over to the informant.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- ( Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Sugauli P.S.Case No. 160 of 1017, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(S. Kumar, J)
Sudha/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in connection with offences of kidnapping and abduction under Sections 363 and 364 IPC.
Whether the recovery of the minor child from New Delhi negates the allegation of murder and justifies bail grant.
1 provisions across 1 enactments
Suman Kumari @ Suman Devi @ Priya Priyanka
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
