Single judge order granting bail to the petitioner in a criminal case. The court released the petitioner on bail subject to cooperation with investigation and non-interference with witnesses, despite opposing counsel noting prior antecedents.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000/- with two sureties of like amount each.
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.22259 of 2018
Arising Out of PS.Case No. -15 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD
====================================================== Niraj Kumar @ Niraj, son of Shailesh Prasad, resident of Village- Timalpur, P.S.- Pali, District- Jehanabad.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 19-04-2018 Heard learned counsel for the petitioner and learned
APP for the State.
Petitioner is languishing in judicial custody since 19.03.2018 in connection with Makhdumpur P.S. Case No. 15 of 2016 for offences punishable under Sections 365/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his brother Sanjit Kumar went with the co-accused Sunil Kumar but did not return. It is alleged that the petitioner, who is the brother-in-law (Sala) of co-accused Sunil Kumar along with
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other co-accused must have kidnapped his brother.
It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case only on suspicion. He submits that the statement of the victim under Section 164 Cr. P.C. is that he along with other co-accused had made the informant’s brother senseless and who was forced to get married with the petitioner’s sister. He submits that no such occurrence took place and it was the co-accused Sunil Kumar with whom the petitioner had gone.
However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and is involved in four cases some of similar nature.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur P.S. Case No. 15 of 2016, subject to the condition that the petitioner will remain present for interrogation and investigation and will thoroughly cooperate in the investigation
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of the case and would not tamper or threaten the prosecution
witnesses.
(Nilu Agrawal, J)
Devendra/-
U T
2 issues framed by the court
Whether the petitioner be enlarged on bail in a criminal case involving offences punishable under Sections 365/34 IPC.
Whether any restrictions should be imposed on the petitioner while on bail during investigation.
1 provisions across 1 enactments
Niraj Kumar
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
