In a criminal miscellaneous petition, the Honble High Court of Patna granted anticipatory bail to the petitioners in a kidnapping case, conditional upon appearance within six weeks and furnishing appropriate bonds and sureties.
Released on bail on furnishing bond of Rs. 25,000 each with two sureties, conditionally appearing within six weeks.
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.24733 of 2018
Arising Out of PS.Case No. -155 Year- 2016 Thana -SAHPUR District- PATNA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bindeshwar Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 04-05-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Shahpur P.S.Case No. 155 of 2016 (G.R. No. 3579/ 2016), registered for offences punishable under Sections 366 (A), 504, 506/34 of the Indian Penal Code.
Allegation against the petitioners is of kidnapping the minor daughter of the informant.
Submission of the learned counsel for the petitioners is that the petitioners never kidnapped the daughter of informant and the victim girl herself admitted in her statement recorded under Section 164 Cr. P. C. that she voluntarily got married with
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petitioner No. 1 and they have a child with their wedlock. It is also submitted that the petitioners have no criminal antecedents.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Shahpur P.S.Case No. 155 of 2016, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.
With following conditions:-
i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. ii) The petitioners will not induce any witness or tamper with the evidence. iii) The petitioners shall co-operate in the investigation of the case and make themselves
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available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.
(Vinod Kumar Sinha, J)
Sudha/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners in a kidnapping case.
1 provisions across 1 enactments
Kundan Kumar and Others
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
