The court granted bail to the accused persons in a kidnapping case, considering their lack of criminal antecedents, the victim's statement contradicting the FIR, and the existence of a love affair.
Released on bail by furnishing surety bonds of Rs.10,000/- each with two 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.5970 of 2019
Arising Out of PS. Case No.-1018 Year-2018 Thana- SAHARSA District- Saharsa
======================================================
Amit Yadav Shivnandan Yadav Resident of Village - Baruahi, P.S.- Nauhatta (wrongly written as P.S.-Mahishi in F.I.R.), District-Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Ram Sevak Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 15-04-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Sections 363, 366A/34 of the Indian Penal Code.
The prosecution case in brief is that the informant’s daughter was kidnapped by the accused persons.
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 04-10-2018. Charge sheet has already been submitted. There was love affairs between the victim and the petitioner. The victim had left home with her own sweet will. The statement of the victim was recorded under Section 164 Cr.P.C. in which, she has not supported the
Patna High Court CR. MISC. No.5970 of 2019(3) dt.15-04-2019 2/2
allegation made in the FIR.
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 learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 1018 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case regarding kidnapping and abduction.
Whether the relationship between the petitioner and victim and lack of prior record favors bail.
2 provisions across 2 enactments
Amit Yadav
Shivnandan Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
