The Patna High Court granted regular bail to the petitioner accused under section 366 IPC, who had remained in custody for over a year, directing him to furnish a bond with two sureties.
Petitioner enlarged on bail on furnishing a bond of Rs.10,000 with two sureties of the like amount to the Chief Judicial Magistrate, Arwal.
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.15697 of 2021
Arising Out of PS. Case No.-265 Year-2020 Thana- ARWAL District- Jehanabad
======================================================
Kanhaiya Kumar @ Kanhaiya Singh S/O Radheshyam Singh R/o villageFulari, P.S.- Sandesh, District- Bhojpur (Ara)
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Anuj Kumar, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 13-09-2021
Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 366 of the Indian Penal Code.
As per the prosecution case, it is stated that the daughter of the informant started from home but did not return. It is stated that the petitioner informed the informant’s relative about the informant’s daughter running away.
It is submitted by learned senior counsel appearing for the petitioner that the petitioner is innocent and has been falsely implicated in the case. He has no concern with the informant’s daughter. He is in custody since 26.8.2020 and chargesheet has been submitted in the case. He has no criminal
Patna High Court CR. MISC. No.15697 of 2021(4) dt.13-09-2021 2/2
antecedent.
The application for bail is opposed by learned APP for the State who submits that the statement of one of the witnesses Md. Furkan was recorded under section 161 Cr.P.C. and subsequently under section 164 Cr.P.C. wherein he states that it was in presence of the petitioner that the daughter of the informant jumped from the bridge into the river.
In reply, it is submitted by learned senior counsel appearing for the petitioner that even accepting the statement of Md.Furkan, for the sake of argument, no over act is alleged against this petitioner.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the material that has transpired in course of investigation together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Arwal P.S. Case no. 265 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal.
Bibhash/- U
(Partha Sarthy, J)
1 issue framed by the court
Whether the petitioner is entitled to regular bail after remaining in custody for over a year in a case concerning abduction under section 366 IPC.
3 provisions across 2 enactments
Kanhaiya Kumar @ Kanhaiya Singh
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
