The Patna High Court granted anticipatory bail to two petitioners seeking protection against arrest in a kidnapping case. The Court directed them to surrender, provide specific sureties, and observe conditions under Section 438(2) Cr.P.C.
Release on bail against arrest by furnishing bonds of Rs. 10,000 each with two sureties of like amount.
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.31375 of 2018
Arising Out of PS.Case No. -72 Year- 2016 Thana - BELCHAR District- WESTCHAMPARAN(BETTIAH)
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.... .... Petitioner/s
Versus
.... .... Opposite Party/s
===================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan =====================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
The petitioners seek bail in anticipation of their arrest in connection with Balthar P.S. Case No. 72 of 2016 dated 22.09.2016 instituted for the offences under Sections 363, 365, 366/34 of the Indian Penal Code.
3 28-06-2018
The daughter of the informant is said to have been kidnapped. The victim girl was recovered and her statement has been recorded under Section 164 of the Cr. P.C. which has been annexed with this petition as Annexure-2.
From the perusal of the 164 Cr.P.C statement, it appears that the victim had developed some liaison with one Ranjan Kumar and with the active assistance of co-accused Ritesh Kumar, she was made to go to Gujrat to stay with Ranjan Kumar. The allegation against the petitioners is of
Patna High Court Cr.Misc. No.31375 of 2018 (3) dt.28-06-2018
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helping the accused persons in the abduction of the victim girl.
The learned counsel for the petitioners has drawn the attention of this Court to the fact that both Ranjan Kumar and Ritesh Kumar have been granted anticipatory bail by two different Benches of this Court.
The petitioners do not have any criminal antecedent.
Considering the aforestated facts, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today is directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Balthar P.S. Case No. 72 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners in connection with charges of kidnapping and abetment.
3 provisions across 2 enactments
Sheo Shankar Mahto
Rani Devi
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
