In an in-camera oral order, the Patna High Court granted bail to the accused in a kidnapping case after investigation, imposing standard conditions including surrender of passbook and prohibition on leaving the country.
Release on bail on bond of Rs. 20,000 with two sureties of like amount.
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.70903 of 2019
Arising Out of PS. Case No.-22 Year-2019 Thana- KASMA District- Aurangabad
======================================================
MD. ATIBULLAH ANSARI Son of Md. Imamuddin Kadri @ Md. Jawahar Ansari Resident of Village - Dhudhuaa, P.O. - Chiraila, P.S.- Kasma, Distt - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ranjan Kumar Singh, Adv For the Opposite Party/s : Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
5 13-01-2020 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.
Allegation against the petitioner is of kidnapping of the minor daughter of the informant.
The victim girl in her statement under Section 164 Cr.P.C. has supported the allegation of kidnapping against the petitioner, however, there is no other allegation.
Submission is that matter is of love affairs, however, under pressure of the parents, the victim made statement under Section 164 Cr.P.C. she has already married
Patna High Court CR. MISC. No.70903 of 2019(5) dt.13-01-2020 2/2
with some other person. Petitioner is in custody since 01.06.2019. There is no allegation of tampering with the evidence or absconding abroad. Petitioner is ready to cooperate with the trial.
Considering the completion of investigation and no material to substantiate that the petitioner is involved in tampering with the evidence, 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 Kasma Police Station Case No.22 of 2019, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below as well as petitioner shall not leave the country without permission of the Court 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.
(Birendra Kumar, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a kidnapping case after completion of investigation with no evidence of tampering.
Md. Atibullah Ansari
State of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
