The High Court at Patna rejected a bail petition filed by two petitioners accused of kidnapping under Sections 363 and 366/34 IPC. The court directed the trial court to conclude the case within 1 1/2 years.
Bail rejected; trial court to conclude proceedings within 1 1/2 years.
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.35972 of 2018
Arising Out of PS. Case No.-449 Year-2017 Thana- SARAIYA District- Muzaffarpur
... ... Petitioners
Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s : Mr. Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
2 22-06-2018
The petitioners, already in custody, seek bail in connection with Saraiya P.S. Case No. 449 of 2017, registered under Sections 363, 366/34 of the Indian Penal Code.
Allegation in brief is that the informant's minor daughter alongwith his daughter-in-law kidnapped by the accused persons and later on during investigation also recovered from possession of these two petitioners.
Learned counsel for the petitioners submits that petitioners have falsely been implicated and the victim was not recovered from custody of the petitioners.
Whereas, learned counsel for the state mentioned
Patna High Court Cr.Misc. No.35972 of 2018(2) dt.22-06-2018 2/2
from the case diary that the victim girl was recovered from custody of these two petitioners.
Having considered the aforesaid facts and
circumstances, the prayer for bail of the petitioners is rejected. However, learned trial court is directed to expedite
and preferably conclude the same within 1 ½ years from the date of framing of the charge.
(Arun Kumar, J)
khushbu/-
U T
3 issues framed by the court
Whether bail should be granted to the petitioners accused of kidnapping a minor and her daughter-in-law.
Whether the trial should be concluded within a specific timeframe from the framing of the charge.
Whether the victim was recovered from the custody of the petitioners proving false implication.
1 provisions across 1 enactments
Gaytri Devi
Sonu Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
