High Court Patna granted bail to the petitioner in a kidnapping case, releasing him from judicial custody upon furnishing a bond of Rs.10,000 with two sureties, accepting the marriage affidavit and submission of compromise.
Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39418 of 2018
Arising Out of PS. Case No.-10 Year-2018 Thana- MORO District- Darbhanga
======================================================
Raj Kishore Sah S/o Mahendra Sah @ Mahendar Shahu Residence of Vill - Moro, P.S. Moro, Distt – Darbhanga ... Petitioner
Versus The State of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Kedar Jha, Adv. For the Opposite Party : Mr. Jitendra Kumar Singh, APP 98 ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
5 07-09-2018
Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
Petitioner, who is languishing in judicial custody since 09.03.2018, seeks bail in connection with Moro P.S. Case No. 10 of 2018 for offences alleged under Sections 363 and 366A of the Indian Penal Code
The prosecution case, as lodged by the informant, is that his grand-daughter, Ragni Kumari, aged 19 years, has disappeared from the house on 03.05.2018. It is alleged that the petitioner had kidnapped her for the purpose of marriage.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and both, petitioner and informant’s grand-daughter, had love affairs and they have now married, in support of which he has filed the affidavit of marriage, which is Annexure 2. He, further, submits that a compromise has been entered between the two families, which is Annexure 4 to the supplementary affidavit. He, further,
Patna High Court Cr.Misc. No.39418 of 2018(5) dt.07-09-2018 2/2
submits that the charge sheet has already been submitted and there is no allegation of tampering of prosecution witness.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Moro P.S. Case No. 10 of 2018 to the satisfaction of the learned Additional Chief Judicial Magistrate, VIII, Darbhanga.
(Nilu Agrawal, J)
Shamshad/-
U T
2 issues framed by the court
Whether the petitioner, languishing in judicial custody, be granted bail in connection with Moro P.S. Case No. 10 of 2018.
Whether the petitioner satisfies the bail court despite the charge of kidnapping for marriage.
Raj Kishore Sah
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
