Disposed

Nawal Tiwari @ Nawal Kumar Tiwari v. The State Of Bihar

Patna HC10 Apr 2019CR. MISC./70983/2018

Case brief

AI extract

What is this about?

Single-judge oral order in a bail application arising out of a kidnapping charge. The petitioner argued the accuser is now a major and released. The court directed surrender within six weeks for a fresh bail hearing based on new grounds regarding the girl's majority and residence.

What did the court decide?

Directed petitioner to surrender before the learned court below within six weeks to seek regular bail based on new facts.

Nawal Tiwari @ Nawal Kumar Tiwari Vs The State Of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70983 of 2018

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Arising Out of PS. Case No.-248 Year-2018 Thana- KHAIRA District- Jamui

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======================================================

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Nawal Tiwari @ Nawal Kumar Tiwari Son of Nandu Tiwari, Resident of Village- Nijuara, P.S. Khaira, District-Jamui.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Satya Prakash Parasar For the Opposite Party/s : Mr.Sri Nityanand Fro the Informant : Mr. Amar Prakash ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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3 10-04-2019 Heard the parties.

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The petitioner is apprehending his arrest in connection with Khaira P.S.Case no.248 of 2018 registered for offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

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Allegation against the petitioner is of kidnapping of the minor daughter of the informant.

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Submission of the learned counsel for the petitioner is that the statement of the girl has been recorded under Section 164 Cr.P.C., in which she has not supported the prosecution case rather she has stated that she had gone on her own will and the report of the Medical Board shows that she is major. Further submission is that the girl has also been released in favour of the

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Patna High Court CR. MISC. No.70983 of 2018(3) dt.10-04-2019 2/2

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petitioner.

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Heard learned A.P.P. and the learned counsel for the informant. They have opposed the prayer for bail on the ground that the processes under Section 82 and 83 of the Cr.P.C. have already been issued against the petitioner and the report has been called and that report also supports the same. .

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Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on the submission that the girl is residing with the petitioner and she is major and considering the same he will dispose of the prayer of the petitioner on the same day.

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With the aforesaid observation, this application is disposed of.

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(Vinod Kumar Sinha, J)

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chn/-

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U T

Nawal Tiwari @ Nawal Kumar Tiwari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Nawal Tiwari @ Nawal Kumar Tiwari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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