In a bail application for offences under IPC 364 and 120B, the High Court granted bail considering the victim's recovery, settlement of disputes between relatives, and the recoverable nature of the offence.
Petitioners released on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount each before the CJM, East Champaran.
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.3546 of 2022
Arising Out of PS. Case No.-245 Year-2020 Thana- PIPRA District- East Champaran
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 21-06-2022 Heard learned counsel for the petitioners and the
State.
Petitioners seek regular bail in a case registered for the offence punishable under sections 364 and 120B of the Indian Penal Code.
Allegedly, informant's son was abducted by the petitioners and co-accused persons.
The main submissions advanced by the learned counsel for the petitioners are that both parties are relatives and said victim has been recovered and after his recovery, panchayati was held and dispute between the parties has amicably been settled. Copy of Panchnama has been filed with
Patna High Court CR. MISC. No.3546 of 2022(2) dt.21-06-2022 2/2
this petition as Annexure 3. Further submission is that in fact, informant's son was in love affair with daughter of the accused person which was not accepted by petitioners' side and in retaliation the present case has been lodged and they have been rotting in jail since 09.09.2021 and a co-accused has been granted bail by a coordinate bench of this court vide order passed in Cr. Misc. no.44408 of 2021.
Learned APP opposes the prayer for bail.
Having considered the above submissions, petitioners' custody period and also the fact that victim has been recovered, both parties are relatives and good relation has been established, let the petitioners be released 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 Chief Judicial Magistrate, Motihari, East Champaran in Pipra P.S. Case No. 245 of 2020.
(Shailendra Singh, J)
s.hassan/-
U T
1 issue framed by the court
Whether the petitioners are entitled to regular bail in a case of kidnapping and conspiracy.
1 provisions across 1 enactments
Md. Mansoor Alam
Md. Serajul Ansari
State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
