Single judge order refusing anticipatory bail, directing petitioner to surrender within six weeks to seek regular bail upon consideration of investigation material including victim statement.
Petitioner directed to surrender within six weeks to pray for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10727 of 2019
Arising Out of PS. Case No.-107 Year-2017 Thana- MEHANDIA District- Jehanabad
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Rahul Raja @ Rahul Chaudhary S/o Binay Chaudhary R/o Village - Beri, p.s.Pauthu, Distt- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhirendra Kumar Sinha For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 26-04-2019
This is an application for grant of anticipatory bail in
connection with Mehandia P.S. Case No. 107 of 2017, disclosing offences under Section 366A, 34 of the Indian Penal code.
Allegation against the petitioner and several other persons is of kidnapping the minor daughter of the informant.
Submission of learned counsel for the petitioner is that except suspicion there is absolutely nothing against the petitioner and other co-accused person having similar allegation has already been granted privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 24.05.2018 passed in Cr. Misc. No. 31461 of 2018 and now the girl has also been recovered as per his instruction.
Heard learned A.P.P. also, who opposed the prayer for
Patna High Court CR. MISC. No.10727 of 2019(3) dt.26-04-2019 2/2
anticipatory bail of the petitioner on the ground that process under Sections 82 and 83 of the Cr.P.C. has already been issued against the petitioner and moreover if the girl has been recovered, the statement of the girl required to be seen.
Having heard both sides ,in view of the facts and circumstances of the case as stated above, let petitioner surrender within a period of six weeks from the receipt of this order and pray for regular bail, which shall be considered on the basis of materials available against him as well as the statement of the girl recorded under Section 164 Cr.P.C., if any, and after considering the aforesaid facts, he shall dispose of the prayer for bail of the petitioner, if possible, on the same day.
Accordingly, this application is disposed of.
(Vinod Kumar Sinha, J)
Amjad/SKSuman.
U T
2 issues framed by the court
Whether the application for anticipatory bail deserves grant.
Whether the case warrants regular bail after seeing the statement of the victim.
3 provisions across 2 enactments
Rahul Raja @ Rahul Chaudhary
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
