The Patna High Court dismissed the petitioner's bail prayer in a kidnapping case. The accused, in custody for four months, was rejected despite counsel's suspicion argument due to the victim's statement about threats.
Prayer for bail rejected; accused remains in custody.
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.39263 of 2017
Arising Out of PS.Case No. -69 Year- 2017 Thana -DELHA District- GAYA
====================================================== Gautam Kumar @ Gulshan Son of Mukesh Prasad Mahto @ Mukesh Kumar, R/o Mohalla- Khaykhura, P.S,- Delha, District- Gaya.
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sunil Kumar Yadav, Advocate. For the Opposite Party : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
The petitioner seeks regular bail in Delha P.S. Case No.69 of 2017 for the offence under Section 363 and 365 of I.P.C.
Allegation against the petitioner is of kidnapping minor girl of the informant.
Submission of the learned counsel for the Petitioner is that petitioner has been made accused only on suspicion and nothing specific is attributed against him and he is in custody since 20.04.2017.
Heard learned A.P.P. also who opposed the prayer for bail stating that the victim girl in her statement made under Section 164 Cr.P.C. named this petitioner and also stated that he
Patna High Court Cr.Misc. No.39263 of 2017 (2) dt.21-08-2017
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was threatening of dire consequence to her.
Having heard both sides and in view of the facts and circumstances, as state above, I am not inclined to grant bail to the petitioner. As such, prayer for bail of the petitioner is rejected.
However, trial court is directed to expedite the trial.
With the aforesaid observation this bail
application is dismissed.
AnilKrSinha/U T
(Vinod Kumar Sinha, J)
1 issue framed by the court
Whether bail should be granted to the accused facing charges under sections 363 and 365 of the I.P.C. for kidnapping a minor.
Gautam Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
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