The Patna High Court, in criminal bail proceedings, released the petitioner on bail in a case involving kidnapping and theft offences based on discrepancies between the FIR and the victim's statement indicating a litigated relationship.
Release on bail furnishing bond of Rs.10,000/- 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.6151 of 2015
Arising Out of PS.Case No. -78 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Subash @ Subhash Rai @ Subash Rai S/o Late Hari Rai R/o Village - Siswa Kharar, P.S. - Kalyanpur, District - East Champaran. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-02-2015 Heard learned counsels for the petitioner and the State. The petitioner being the cousin of the informant is languishing in custody since 30.08.2014 in a case registered for the offences punishable under Sections 363, 364, 366 and 379 of the Indian Penal Code. It is alleged in the First Information Report that the petitioner was allowed by the informant to take his wife and the child to informant’s in-laws place and thereafter the wife and the child of the informant went traceless. Subsequently the victim claimed herself to be returned of her own and 164 Cr.P.C. statement of the victim was recorded where she stated that on
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information being supplied by this petitioner that her father is not well so she went to Assam with him but he took her to some other place where he assaulted. Though, in the concluding portion of 164 Cr.P.C. statement she stated that she was being enticed away by this petitioner.
It is submitted by learned counsel for the petitioner that the inconsistency between the First Information Report and 164 Cr.P.C. statement suggest that due to the litigated relationship between the petitioner and the informant, the petitioner has been roped in the present case.
A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the 164 Cr.P.C. statement of the victim, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Motihari Sadar at Motihari in connection with Kalyanpur P.S. Case No. 78 of 2014.
(Dinesh Kumar Singh, J)
DKS/-
U T
Subash @ Subhash Rai @ Subash Rai
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
