Criminal Miscellaneous petition seeking anticipatory bail for petitioners accused of aiding in kidnapping their son. Court granted provision for bail within six weeks.
Allow provision for release on bail with Rs. 10,000 bond within six weeks subject to conditions of Section 438(2) Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58402 of 2019
Arising Out of PS. Case No.-441 Year-2019 Thana- AHIYAPUR District- Muzaffarpur
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kr. Goswami, Advocate. For the Opposite Party/s : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
4 20-11-2019 Heard learned counsel for the petitioners and the
learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Ahiyapur P.S. Case No. 441 of 2019, registered under Sections 365 and 366/34 of the Indian Penal Code.
The accusation is of enticing way the wife of informant, Sujit Rai, by Ranjan Srivastava, son of both petitioners, on 29.03.2019.
Learned counsel for the petitioners submits that it would appear from the FIR that the allegation of kidnapping of wife of the informant is against Ranjan Srivastava but petitioners being parents of Ranjan Srivastava have falsely been
Patna High Court CR. MISC. No.58402 of 2019(4) dt.20-11-2019 2/2
implicated in the present case. In fact, statement of wife of informant was recorded under Section 164 Cr.P.C., in which, she has not disclosed the name of both petitioners having hand in her kidnapping. Further submission is that petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Muzaffarpaur, in connection with Ahiyapur P.S. Case No. 441 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail in cases of kidnapping accused against their son.
2 provisions across 2 enactments
Veena Devi
Arun Srivastava
The State of Bihar
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
