The High Court of Patna granted anticipatory bail to the petitioner in a kidnapping case. Bail bond of Rs. 25,000 with two sureties and specific local conditions were imposed.
Petitioner to be released on bail upon arrest or surrender by furnishing bond of Rs.25,000 with two sureties of 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.57378 of 2019
Arising Out of PS. Case No.-285 Year-2018 Thana- JANDAHA District- Vaishali
======================================================
PAWAN KUMAR RAI @ PAWAN KUMAR @ CHINKU RAI S/o Bijay Kumar Roy @ Bijo Roy R/o village- Ramaiyya, P.S.- Mohiuddin Nagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Zeyaul Hoda For the Opposite Party/s : Mr.Syed Ehteshamuddin ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 01-10-2019
Petitioner seeks bail in anticipation of his arrest in connection with Jandaha P.S. Case No. 285 of 2018 registered for the offences punishable under Sections 363, 365 and 366A/34 of the Indian Penal Code.
Allegation against the petitioner is of assisting the accused in kidnapping the minor daughter of the informant.
Submission of learned counsel for the petitioner is that the statement of victim girl under Section 164 Cr.P.C. has been recorded in which she has stated that she had love affair with one Vishal and petitioner has kept them at Hatia Station for that he has taken Rs. 5000/- from her and Vishal.
Heard learned APP also, who has not controverted the above fact on perusal of the case diary.
Patna High Court CR. MISC. No.57378 of 2019(3) dt.01-10-2019 2/2
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 285 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J)
spal/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences of kidnapping minor.
Whether bail bond of Rs. 25,000 with two sureties and local bailing conditions are required to be imposed.
2 provisions across 1 enactments
PAWAN KUMAR RAI @ PAWAN KUMAR @ CHINKU RAI
The State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
