In a bail petition under Sections 363, 366, and 34 of the IPC, the Patna High Court granted bail to the father of the accused, noting he was already in jail for over five months without trial conclusion.
Directed to be enlarged on bail on furnishing bond of Rs. 10,000 with two sureties to the satisfaction of the additional judge.
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.4879 of 2020
Arising Out of PS. Case No.-707 Year-2018 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Chhotelal Sah, Aged about 60 years, Male, Son of Singhasan Sah, Resident of Village - Khairatiya, P.S.- Gopalganj, Distt.- Gopalganj, Bihar, Presently at Bahadurgarh Market, P.S.- Bahadurgarh, Haryana.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vibhakar Kumar For the Opposite Party/s : Mr.Narsingh Tanti ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 28-05-2020 Heard both sides through video conferencing.
The petitioner seeks bail in Gopalganj Town P.S. Case No.707 of 2018, corresponding to Sessions Trial No.222 of 2019 for the offences allegedly committed by the petitioner under Sections 363, 366 and 34 of the Indian Penal Code.
The informant alleged that while she had gone to market along with her daughter, her daughter disclosed that she was going to be fresh but in the meantime Vikash Kumar came on a motorcycle and kidnapped her daughter.
Learned counsel for the petitioner submits that the petitioner is the father of Vikash Kumar. The son of the petitioner is said to have kidnapped the victim. The petitioner is in jail since 22.12.2018 but the trial has not yet been concluded.
Patna High Court CR. MISC. No.4879 of 2020(3) dt.28-05-2020 2/2
The victim has not been examined as yet.
Taking into consideration the facts and nature of allegation made against the petitioner and the fact that the petitioner is in jail for more than one year and five months, petitioner, namely, Chhotelal Sah is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-VII, Gopalganj, Bihar in connection with Gopalganj Town P.S. Case No.707 of 2018, corresponding to Sessions Trial No.222 of 2019.
(Prabhat Kumar Jha, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the father of the alleged kidnapper should be granted bail despite the serious nature of the offences.
1 provisions across 1 enactments
Chhotelal Sah
State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
