In an interlocutory order in Cr. Misc. No.65574 of 2019, the Patna High Court granted anticipatory bail to the father and mother of the accused, who were apprehending arrest in a case involving allegations of kidnapping and abduction of a minor girl.
Granted anticipatory bail on submission of bail bonds of Rs.10,000 each 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.65574 of 2019
Arising Out of PS. Case No.-57 Year-2019 Thana- SINDHWARA District- Darbhanga
======================================================
... ... Petitioner/s
The State of Bihar
Versus ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Virendra Kumar, Adv. For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 13-11-2019
Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363/366(A), 504/34 of the Indian Penal Code.
Prosecution case is that as per FIR, it is alleged that accused no. 1 Anil Paswan used to come at the residence of the informant for treatment of his elder daughter and on 24.04.2019 at 8.00 P.M. the daughter namely Poonam Kumari aged about 16 years who was studying in class 9th in Mithila High School was seen with accused no. 1 Anil Paswan who was caught by the villagers and released later on after threat. On 01.05.2019, the daughter of the informant went for easement but did not return. It is further alleged that the informant and others went to the house of accused no. 1,
Patna High Court CR. MISC. No.65574 of 2019(2) dt.13-11-2019 2/2
Anil Paswan then the parent of petitioner told them that his daughter was kidnapped by petitioner and abused them also. Thereafter, the informant went to Sarpanch and accused person assured the informant to hand over his daughter but in vain.
Learned counsel for the petitioners submit that the thrust of accusation is against accused no. 1 Anil Paswan and petitioner no.1 is the father of the accused no. 1, Anil Paswan whereas petitioner no. 2 is the mother of the accused no. 1 Anil Paswan. There is no specific allegation against the petitioner nos. 1 and 2.
In the aforesaid facts and circumstances of the case, in the event of surrender of accused no. 1, Anil Paswan before the court below, let the petitioners, above named be released on anticipatory bail on their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Darbhanga in connection with Singwara P.S. Case No. 57 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
Accordingly, the application is disposed of.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a case alleging abduction of a minor girl.
1 provisions across 1 enactments
RAM SEWAK PASWAN @ RAM SEWAK
Sita Devi
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
