In bail application by petitioner already in custody accused in kidnapping case, Patna HC dismissed prayer but directed trial court to expedite trial and conclude within a year.
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.12517 of 2018
Arising Out of PS. Case No.-92 Year-2017 Thana- CHANDRADEEP District- Jamui
======================================================
Md. Aasif Khan @ Aashif Khan, Son of Lali Khan, Resident of Village- Telar, P.S. Chandradeep, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. SRI RAM BILASH ROY RAMAN ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
2 06-03-2018
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Chandradeep P.S. Case No.92 of 2017, registered under Sections 363 and 364 of the Indian Penal Code.
Allegation in brief is that the petitioner kidnapped three minor sons of the informant and taking away in the forest area in the meanwhile apprehended by the police.
Learned counsel for the petitioner submits that at best it is a case under Section 363 of the Indian Penal Code and the petitioner is in custody since 06.10.2017; whereas the learned counsel for the State submits that the petitioner kidnapped three minor sons of the informant for murder and caught red handed by the police and boys were recovered from his possession.
Patna High Court Cr.Misc. No.12517 of 2018(2) dt.06-03-2018 2/2
Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner, at present, is rejected in connection with Chandradeep P.S. Case No.92 of 2017, pending in the court of learned Judicial Magistrate, 1st Class, Jamui.
However, the trial court is directed to expedite the trial and preferably conclude the same within a year.
(Arun Kumar, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the bail of the petitioner already in custody should be granted in the kidnapping case.
Md. Aasif Khan @ Aashif Khan
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
