A single-paragraph bail order where the Patna High Court released the petitioner on bail after he was charged with offences involving abduction of a minor under Sections 363 and 366(A) IPC and Section 34.
Petitioner released on bail with 10,000/- bond and two sureties.
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.1993 of 2019
Arising Out of PS. Case No.-131 Year-2018 Thana- AMAUR District- Purnia
======================================================
Sawan Kumar aged about 25 years, (M), Son of Sri Padmanand Mahaldar Resident of Village- Dubaili, P.S.- Dagarua, District - Purnea
... ... Petitioner/s
Versus
| The State of Bihar | |
|---|---|
| =================== | ... ... Opposite Party/s =================================== |
| Appearance : For the Petitioner/s : For the Opposite Party/s : =================== |
Mr.Amit Kumar Anand Mr.Sri Mithilesh Kumar Khare =================================== |
| CORAM: HONOURABL | E MR. JUSTICE S. KUMAR ORAL ORDER |
4 01-04-2019 Heard learned counsel for the parties.
Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 363, 366 (A) and 34 of the Indian Penal Code.
Informant has stated in his written complaint that her minor daughter Dishana Pravin on 11.07.2018 in the night at about 9:30 P.M. went outside on the false plea of attending call of nature and thereafter fled away with the petitioner, however, both were apprehended and brought to their house and Panchayati was held, however on 15.07.2018 in the night at about 1:00 A.M. she found the door open from inside and even after much search her daughter could not be located and she
Patna High Court CR. MISC. No.1993 of 2019(4) dt.01-04-2019 2/3
suspected that she has fled away with the petitioner.
It has been submitted on behalf of the petitioner that
he is innocent and has been falsely implicated in this case. Victim was examined by the medical board which has assessed her age as 16 to 17 years and no sign of rape has been found on the persons of victim. Petitioner has got no criminal antecedent and is in custody since 23.08.2018.
Learned counsel for the Informant vehemently opposes the prayer for bail.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No.
146 of 2018/ CIS No. 146 of 2018 arising out of Amour P.S.
Case No. 131 of 2018, with following condition:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court
Patna High Court CR. MISC. No.1993 of 2019(4) dt.01-04-2019 3/3
below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
manoj/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged under Sections 363 and 366(A) IPC in a case of alleged abduction of a minor.
Sawan Kumar
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
