Allowed

Kusheswar Sharma v. The State Of Bihar

Patna HC23 Aug 2017CR. MISC./40040/2017

Case brief

AI extract

What is this about?

Single judge of Patna High Court permitted correction in bail petition and granted regular bail to petitioner accused of kidnapping minor girl under Section 366(A)/34 IPC based on girl's statement under Section 164 Cr.P.C. issued partial bail conditions.

What did the court decide?

Petitioner released on bail bonds of Rs. 25,000 with two sureties of like amount each subject to conditions of local surety, non-witness tampering and availability for trial.

Kusheswar Sharma Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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Patna High Court Cr.Misc. No.40040 of 2017 (2) dt.23-08-2017

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40040 of 2017

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Arising Out of PS.Case No. -68 Year- 2017 Thana -BELDAUR District- KHAGARIA

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====================================================== Kusheswar Sharma, Son of Late Mangal Sharma, Resident of Village – Lalgolbasa, P.O. & P.S. – Beldaur, District - Khagaria

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.... .... Petitioner/s

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Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Choudhary For the Opposite Party/s : Smt. Rita Verma

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====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 23-08-2017 As prayed for by learned counsel for the petitioner, he is permitted to make necessary correction in paragraph – 10 of the bail petition.

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The petitioner seeks regular bail in connection with Beldaur P.S. Case No. 68 of 2017, registered for offences punishable under Section 366(A)/34 of the Indian Penal Code.

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Allegation against the petitioner and other accused person is of kidnapping the minor girl of the informant.

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It has been submitted on behalf of the petitioner that the girl in her statement recorded under Section 164 Cr.P.C has not supported the prosecution story rather she has stated that she had gone with one of the co-accused of this case out of her own sweet will and married with him. Further petitioner has been in judicial custody since 10.06.2017.

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Heard learned A.P.P. also.

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Having heard both sides, in view of the fact and

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Patna High Court Cr.Misc. No.40040 of 2017 (2) dt.23-08-2017

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circumstances and also in view of the statement of girl recorded under Section 164 Cr.P.C., let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Khagaria, in connection with Beldaur P.S. Case No. 68 of 2017, subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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(ii) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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(Vinod Kumar Sinha, J)

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sunil/-

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U T

Kusheswar Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kusheswar Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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