Allowed

Mukesh Kumar v. the State of Bihar

Patna HC3 Jun 2020CR. MISC./17117/2020

Case brief

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What is this about?

The High Court of Patna granted bail to the petitioner in a kidnapping case involving Section 364 read with Section 34 IPC. The court allowed provisional release on personal bond if sureties cannot be furnished due to lock-down, to be confirmed after bailor production. Bail conditions include cooperation with the trial.

What did the court decide?

Petitioner released on bail bond of Rs. 20,000 with two sureties; alternatively, provisionally released on personal bond pending surety production.

Mukesh Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17117 of 2020

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Arising Out of PS. Case No.-244 Year-2019 Thana- TARIYANI CHOWK District- Sheohar

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

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MUKESH KUMAR Son of Saheb Rai Resident of Village - Kushhar, P.S. - Tariyani, District - Sheohar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar, Adv For the Opposite Party/s : Mr.Binod Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 03-06-2020

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The matter has been taken up through video

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conferencing.

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Heard the parties.

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Petitioner seeks bail in a case registered for the offences punishable under Section 364 read with Section 34 of the Indian Penal Code.

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Allegation is that the petitioner and co-accused, who are co-villagers of the informant, allegedly kidnapped to the daughter of the informant and soon they left the victim. The victim has also supported the allegation.

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Learned counsel for the petitioner submits that concocted allegation is there just to pressurize due to some village politics. The villagers have filed a public petition before the Investigating Officer that false and concocted allegation is

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Patna High Court CR. MISC. No.17117 of 2020(2) dt.03-06-2020 2/2

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there. Investigation of the case is already complete.

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Considering the entire facts of this case aforesaid especially the fact that the victim has not alleged anything else against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tariyani Police Station Case No.244 of 2019, corresponding to G.R.No.1208 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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If the petitioner would not be able in furnishing sureties due to lock-down, he shall be provisionally released on his personal bond and the provisional bail shall be confirmed only after production of the bailors within fifteen days of restoration of normal function of the Court.

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(Birendra Kumar, J)

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Nitesh/-

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U T

Mukesh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mukesh Kumar v. the State of Bihar

Case brief

What is this about?

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