An oral order in a criminal miscellaneous application seeking anticipatory bail for kidnapping charges. Justice Vinod Kumar Sinha denied anticipatory bail and directed the applicants to approach the court below for regular bail.
Application for anticipatory bail dismissed; directions to seek regular bail from the court below.
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.7104 of 2019
Arising Out of PS. Case No.-303 Year-2017 Thana- KHAIRA District- Jamui
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amar Prakash For the Opposite Party/s : Mr.Narsingh Tanti ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
4 23-04-2019 This application, for grant of anticipatory bail, arises out of Khaira P.S. Case No. 303 of 2017, disclosing offences under Sections 366(A) of the Indian Penal Code.
Allegation against the petitioner is of kidnapping the minor daughter of the informant.
Submission of learned counsel for the petitioner is that he is neither named in the F.I.R nor in the statement of the girl made before the police under Section 161 Cr.P.C. However, later on the girl in her statement under Section 164 Cr.P.C. has named the petitioner and others. Further submission is that coaccused having similar allegation has already been enlarged on bail by a coordinate Bench of this Court vide order dated
Patna High Court CR. MISC. No.7104 of 2019(4) dt.23-04-2019 2/2
05.04.2018 passed in Cr. Misc. No. 14180 of 2018.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case as well as considering the fact that co-accused having similar allegation has already been granted the privilege of bail by a coordinate Bench of this Court, without being prejudiced by this order, if possible on same day.
This application is, accordingly, disposed of.
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of kidnapping a minor.
Whether the fact that co-accused have been granted bail is a relevant factor in this application.
Mintu Mali @ Mintu Malakar
Pappu Mali @ Pappu malakar
Kamal Mali @ Kameshwar Malakar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
