The Patna High Court granted bail to the petitioner, who was in custody for an offence under Section 366 IPC. The court relied on a supplementary affidavit containing the victim's statement and the petitioner's clean antecedents to order release.
Release on bail with a bond of Rs. 10,000 and two sureties of the 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.44209 of 2018
Arising Out of PS.Case No. -217 Year- 2014 Thana -NAUHATTA District- SAHARSA
======================================================
Sunil Yadav, Son of Sri Fani Lal Yadav, Resident of Village- Narayanpur, P.S.- Nauhatta (Darhar O.P.) District- Saharsa.
.... .... Petitioner/s
Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Ms. Gulnar Beghum, APP
====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
2 06-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 07.05.2018 in connection with Nauhatta P.S. Case No.217 of 2014 registered for the offence under Section 366 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner was named on suspicion and subsequently, the victim girl in her statement made under Section 164 Cr.P.C. has categorically stated the role of two other persons and not the present petitioner. It was further been submitted that the petitioner has had no role to play and is languishing in jail for no fault of his, as two persons, namely, Nand Kishore Yadav and Ram Udeshya Yadav, are the main accused persons, who
Patna High Court Cr.Misc. No.44209 of 2018 (2) dt.06-08-2018
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had participated in the kidnapping of the girl.
In view of the aforementioned facts and circumstances and the statement made under Section 164 Cr.P.C., which has been brought on record by means of supplementary affidavit, and also that the present petitioner has got clean antecedent, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri A. Kumar, learned Judicial Magistrate-II, Saharsa, in connection with Nauhatta P.S. Case No.217 of 2014.
(Anjana Mishra, J)
PNM
U T
2 issues framed by the court
Whether the petitioner should be granted bail given discrepancies in the victim's statement implicating others.
If the petitioner's clean antecedents justify release on bail despite being in custody for an IPC 366 offence.
2 provisions across 2 enactments
Sunil Yadav
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
