In Criminal Miscellaneous No.1173 of 2019, the Patna High Court granted bail to the petitioner accused under Sections 363/366A IPC, who was involved in a kidnapping case where no overt act was alleged against him.
Release on bail on furnishing a bond of Rs. 10,000 with two close relative 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.1173 of 2019
Arising Out of PS. Case No.-85 Year-2018 Thana- NALANDA District- Nalanda
======================================================
Shayam Singh, son of Dul Singh Resident of Village - Moiyakadha, P.S. - Bhawani Mandi, District - Jalwa (Rajasthan).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Giri For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
3 28-03-2019
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Nalanda P.S. Case No. 85 of 2018 instituted for the offence under Section(s) 363/366A of the Indian Penal Code.
It is alleged in the written report that daughter of the informant has been kidnapped by unknown person with the help of Renu Kumari.
The victim girl, on recovery, has given her statement under Section 164 Cr.P.C. which is enclosed as Annexure-2 wherein, she has stated that she was brought by Manoj Manjhi to the house of Sanju Devi @ Sanju Madam who got her marriage performed with this petitioner. She lived with this petitioner for three months in Rajasthan.
Patna High Court CR. MISC. No.1173 of 2019(3) dt.28-03-2019 2/2
In such a manner, she has not levelled any allegation of overt act against this petitioner.
Learned counsel for petitioner has submitted that other co-accused, namely, Sanju Devi @ Sanju Madam has already been granted bail by this Hon'ble Court by order dated 04.12.2018 passed in Criminal Miscellaneous No. 71072 of 2018.
Petitioner is in custody since 09.09.2018 having clean antecedent.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Nalanda P.S. Case No. 85 of 2018 (corresponding to Gr. No. 2180/2018) subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/mu kesh-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a kidnapping case pending trial.
1 provisions across 1 enactments
Shayam Singh
The State of Bihar
Sanjaya Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
