The High Court granted bail to the petitioner in a kidnapping case. The court allowed the petitioner to be released on furnishing a bail bond of Rs. 25,000 with two sureties, subject to conditions under Section 438(2) CrPC.
Allowance of the application with direction to release the petitioner on bail on furnishing Rs. 25,000 bond with two sureties.
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.61941 of 2019
Arising Out of PS. Case No.-121 Year-2019 Thana- BAJPATTI District- Sitamarhi
======================================================
NOOR JAHAN W/o Abdul Bari @ Abdul Barik R/o- Village- Harpurwa, Ward No. -1, P.S.- Bajpatti, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dinesh Jha For the Opposite Party/s : Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 27-09-2019
Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Bajpatti P.S.Case No.121 of 2019 , registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.
As per the FIR, allegation is of kidnapping against the petitioner and other accused persons.
Learned counsel for the petitioner drawing may attention towards Annexure-3, which is statement of the girl recorded under Section 164 Cr.P.C., has submitted that she has stated that she had married with one Faizal Ali and she disclosed her
age as 19 years. She has not named this petitioner.
Heard learned A.P.P. also.
Patna High Court CR. MISC. No.61941 of 2019(2) dt.27-09-2019 2/2
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Pupri at Sitamarhi in connection with Bajpatti P.S.Case No.121 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed.
(Vinod Kumar Sinha, J)
chn/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail bonds in the kidnapping offence case.
What conditions must be fulfilled for the petitioner to be released on bail.
1 provisions across 1 enactments
Noor Jahan W/o Abdul Bari @ Abdul Barik
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
