Grants anticipatory bail to the petitioner in a kidnapping case upon surrender or arrest, directing release within six weeks upon furnishing a bond secured by two sureties under specified conditions.
Petitioner released on bail on surrender or arrest within six weeks, furnishing a bond of Rs. 25,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24703 of 2018
Arising Out of PS.Case No. -15 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD
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.... .... Petitioner/s
Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Umeshnand Pandit
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 04-05-2018 Heard the parties.
Petitioner is apprehending his arrest in Makhdumpur P.S.Case No.15 of 2016 registered for the offences under Section 365/34 of I.P.C.
Allegation, as per the F.I.R., against the petitioner is of kidnapping the brother of the informant.
Submission of the learned counsel for the petitioner is that the victim in his statement recorded under Section 164 of Cr.P.C. has made allegation against the co-accused Niraj Kumar, Sunil Kumar who happens to be brother-in-law of Niraj Kumar and other similarly situated persons have been granted privilege of anticipatory bail by a coordinate Bench of this Court vide orders dated 08.03.2016 and 26.04.2018 passed in Cr.Misc. No.10014
Patna High Court Cr.Misc. No.24703 of 2018 (2) dt.04-05-2018
2/2
of 2016 and Cr.Misc. No.22603 of 2018 respectively.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M.,Jehanabad, in Makhdumpur P.S. Case No.15 of 2016 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J)
AnilKrSinha/U
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging kidnapping under Section 365/34 of IPC.
Sunil Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
