The Patna High Court granted bail to the petitioner, Sanjay Kumar, a child kidnapping accused, considering his custody since December 2016, discrepancies in the FIR, and parity principles applied to co-accused granted bail by coordinate benches.
The petitioner is directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties each.
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Patna High Court Cr.Misc. No.29829 of 2018 (2) dt.14-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29829 of 2018
Arising Out of PS.Case No. -235 Year- 2016 Thana -DULHIN BAZAR District- PATNA
====================================================== Sanjay Kumar, son of Nagendra Yadav, resident of Village Bala Bigha, PS Khirimore, District Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nagmani Kumar For the Opposite Party/s : Mr. Smt. Rita Verma
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 14-05-2018
Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 31.12.2016, seeks bail in Dulhin Bazar PS Case No. 235 of 2016 (Special Case No. 26 of 2018) registered under Sections 363, 364, 302, 201, 120B and 34 of the IPC.
It is submitted that the petitioner is not named in the FIR, the motorcycle of the kidnapped person were recovered from the house of co-accused Sukesh Kumar who has disclosed that he along with other co-accused killed informant’s brother-in-law because Sukesh had illicit affair with wife of the deceased and Sukesh and the deceased’s wife both have been granted bail by coordinate Benches of this Court so the petitioner seeks bail on the ground of parity.
Having considered the said facts and circumstances, the petitioner, namely, Sanjay Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge Ist –cum- Special Judge (Pocso & Child), Patna in connection with Dulhin Bazar PS Case No. 235 of 2016 (Special Case No. 26 of 2018) .
(Arun Kumar, J)
Snkumar/-
U T
1 issue framed by the court
Whether the petitioner seeking bail on grounds of discrepancy in FIR and parity with granted bail of co-accused should be released on bail.
1 provisions across 1 enactments
Sanjay Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
