Single-judge criminal miscellaneous order dismissing a bail petition filed by a petitioner charged with kidnapping for betrothal. The court rejected the arguments of false implication and noted the FIR does not warrant bail.
Prayer for bail stands dismissed.
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.48249 of 2018
Arising Out of PS. Case No.-90 Year-2018 Thana- MOUZAHIDPUR District- Bhagalpur
====================================================== Md. Rayyan Alam @ Md. Rayyan, Son of Shamsool Haque, Resident of Village- Garibullah Lane, P.S.- Mojahidpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Sri Sakil Ahmad, Advocate Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s : Sri Ram Priya Saran Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 18-08-2018
Heard Mr. Sakil Ahmad, learned counsel, assisted by
Mr. Md. Nurul Hoda, learned counsel for the petitioner and Sri Ram Priya Saran Singh, learned Additional Public Prosecutor.
The sole petitioner, who is in custody since 09.05.2018 in connection with Mojahidpur P.S. Case No. 90 of 2018 , registered for the offence under Section 366(A) of the Indian Penal Code, 1860 , has prayed for grant of bail.
Learned counsel for the petitioner submits that petitioner has falsely been implicated. He further submits that victim’s statement under Section 164 of the Code of Criminal Procedure, 1973 was recorded in which she has not alleged as
to any untoward step was taken against her, however, she
Patna High Court Cr.Misc. No.48249 of 2018(2) dt.18-08-2018 2/2
accepted that she was forcibly taken away by this petitioner.
On going through the F.I.R., I am of the opinion that
it is not a case for grant of bail.
The prayer for bail stands dismissed at this stage.
(Rakesh Kumar, J)
praful/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged under Section 366(A) of IPC who is in custody.
Whether the petitioner's claim of false implication and the victim's statement support the grant of bail.
2 provisions across 2 enactments
Md. Rayyan Alam @ Md. Rayyan
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
