The High Court granted bail to the petitioner when charged under Sections 363/366 IPC for kidnapping an abducted sister-in-law who was recovered and wished to return.
Release on bail upon furnishing bonds of Rs. 10,000/- with two sureties to the Chief Judicial Magistrate, Darbhanga.
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.57545 of 2018
Arising Out of PS. Case No.-170 Year-2018 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Santosh Kumar Yadav S/o Late Baldev Yadav, R/o Vill.- Kokarwa, P.S.- Bisfi, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kedar Jha For the Opposite Party/s : Mr.Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
7 16-07-2019
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 363/366 of the Indian Penal Code.
Prosecution case in short is that the informant’s sister had gone to meet her elder sister but she did not return. It was known to the informant that some unknown miscreants kidnapped the sister of the informant.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-08-2018. Charge sheet has already been submitted. The victim has been recovered. She has
Patna High Court CR. MISC. No.57545 of 2018(7) dt.16-07-2019 2/2
been examined u/S 164 Cr.P.C. in which, she has admitted marriage with the petitioner and she wants to live with him.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Sadar (Mabbi O.P.) P.S. Case No. 170 of 2018.
(Sudhir Singh, J)
A.K.V.//- U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the offences of kidnapping.
Santosh Kumar Yadav
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
