The High Court of Jharkhand rejected an application for bail filed by an accused facing charges of kidnapping a minor under Sections 363/366A of the IPC, holding that the impugned order showed the victim had supported the prosecution case by stating she was forcibly abducted.
Prayer for bail to the petitioner is rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 1669 of 2016
Budheshwar Puran @ Arun Puran .… Petitioner -VersusThe State of Jharkhand ..... Opposite Party
CORAM : HON’BLE MR. JUSTICE H.C.MISHRA ------For the Petitioner : : M/s. Ajay Kr. Pathak For the State : : M/s. Hardeo Prasad Singh, A.P.P. -------
2/ 08.04.2016. Heard learned counsel for the petitioner and the learned counsel for the State.
The petitioner has been made accused in connection with Tamar P.S. Case No.84 of 2015, corresponding to G.R No.6073 of 2015, for the offence under Sections 363 / 366A of the Indian Penal Code.
There is allegation against the petitioner to have kidnapped the minor daughter of the informant.
The impugned order shows that the statement of the victim girl was recorded under Section 164 of the Cr.P.C., wherein she has supported the prosecution case and has stated that she was forcibly abducted by this petitioner.
In the facts of this case, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner Budheshwar Puran @ Arun Puran, is hereby rejected.
(H.C.Mishra, J.)
D.S.
2 issues framed by the court
Whether the petitioner should be released on bail in a kidnapping case.
Whether the petitioner, being an accused with a victim's statement recorded, is eligible for bail under Section 363/366A IPC.
Budheshwar Puran @ Arun Puran
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
