High Court granted bail to a husband and wife in a case under Sec. 366A, 34 IPC based on victim’s recovery statement. Ordered release on 10,000 rupees bail bond each with close relative sureties.
Petitioners released on bail on furnishing bond of Rs. 10,000/- each 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.4528 of 2019
Arising Out of PS. Case No.-183 Year-2018 Thana- PAKRIDAYAL District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Sanjay Kumar Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 05-02-2019
Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
The petitioners seek bail in Pakrideyal P.S. Case No. 183/2018, instituted for offence under Section(s) 366A and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that victim girl, on recovery, has given statement under Section 164 Cr.P.C., which is annexed as Annexure-2, wherein she has stated that both petitioners had taken her on motorcycle. She further stated that petitioner no. 1 kept her for two days but he did not do any illegal act with her. Both petitioners are husband and wife.
Petitioners are in custody since 16.10.2018.
Patna High Court Cr.Misc. No.4528 of 2019(2) dt.05-02-2019 2/2
Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana, East Champaran in connection with Pakrideyal P.S. Case No. 183/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners.
(Sanjay Priya, J)
rakhi/-
U T
3 issues framed by the court
Whether to grant bail to the petitioners accused under Section 366A read with Section 34 IPC.
Whether the statement of the victim under Section 164 Cr.P.C. affects the grant of bail.
Whether to fix the amount of bail bond and conditions for sureties.
3 provisions across 2 enactments
Sunil Manjhi
Sarita Devi
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
