In a criminal bail matter arising from a case of kidnapping for marriage, the Patna High Court granted bail to the petitioner who was not named in the FIR and has no antecedents, directing conditions including cooperation in trial.
Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties under specific conditions.
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.7937 of 2019
Arising Out of PS. Case No.-442 Year-2018 Thana- ARA NAWADA District- Bhojpur
======================================================
Kamlesh Yadav, aged about 25 years, (M) Son of Janardan Yadav Resident of Village and P.S.- Tiyar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shiv Prasad Gupta For the Opposite Party/s : Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 26-02-2019
Heard learned counsel for the parties.
Petitioner seeks bail in Ara Nawada P.S. Case No.
442 of 2018 registered for the offence punishable under Section 366 (A) of the Indian Penal Code.
Informant is the brother of victim who in his written complaint has stated that his minor sister is missing from 30.06.2018, when she had gone to market and did not return. He suspects that one Ranjan Kumar has enticed her thereafter he went to meet the family of said Ranjan Kumar but they refuse to state anything. It has been further alleged by the informant that his sister has been forcibly abducted with intention to perform marriage with accused.
It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.7937 of 2019(2) dt.26-02-2019 2/3
he is not named in FIR. The girl was recovered and even in her statement made under Section 164 there is no allegation against him in her statement. She has not even named him as one of the culprits. Petitioner has got no criminal antecedent and is in custody since 22.07.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 442 of 2018, with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court CR. MISC. No.7937 of 2019(2) dt.26-02-2019 3/3
evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for
cancellation of bail of the petitioner.
(S. Kumar, J)
manoj/- U T
1 issue framed by the court
Whether to grant bail to the petitioner charged with offence under Section 366(A) IPC.
Kamlesh Yadav
The State of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
