Raju @ Raju Kumar v. The State Of Bihar
Case brief
What is this about?
The Court rejected the petitioner's prayer for anticipatory bail in a kidnapping case under the IPC, noting discrepancies between the victim's prior return home and the investigation officer's later diary entry implicating the petitioner.
What the court decided
A compact analysis
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.
Patna High Court Cr.Misc. No.7886 of 2013 (3) dt.24-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7886 of 2013
| ====================================================== Raju @ Raju Kumar .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== |
|---|
Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. |
| ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER |
| 3 24-06-2013 Heard learned counsel for the petitioner as well as |
| learned Additional Public Prosecutor for the State. |
| The petitioner apprehends his arrest in connection with |
| Jandaha P.S. Case No. 177 of 2011 registered under Sections- 363, |
| 366A/34 of the Indian Penal Code. |
The statement of victim was recorded under Section-164 of the Cr.P.C. in which, she stated name of the petitioner disclosing this fact that this petitioner also participated in the commission of her kidnapping.
Learned counsel for the petitioner referred paragraph-57 of the case diary and submitted that as a matter of fact, when the I.O. tried to trace the victim from the house of her maternal uncle, this petitioner went alongwith the I.O. and got identified him the house of maternal uncle of the victim and that is the reason, the victim implicated the petitioner in the alleged crime, but I am not
Patna High Court Cr.Misc. No.7886 of 2013 (3) dt.24-06-2013
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under sections 363 and 34 of the IPC.
Whether the preliminary facts and timing of the victim's statement preclude the grant of anticipatory bail.
Parties & counsel
- petitioner
RAJU @ RAJU KUMAR
- respondent
STATE OF BIHAR
Coram
HERMANT KUMAR SRIVASTAVA
Case details
As recorded by the court registry
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