In this criminal bail appeal arising from an FIR under IPC Sections 366(A) and 34 regarding the abduction of a minor, the Patna High Court, finding the accusation serious and supported by victim statements, declined the petitioner's prayer for bail and dismissed the petition.
The prayer for grant of bail to the petitioner 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.49851 of 2018
Arising Out of PS. Case No.-268 Year-2018 Thana- BHABHUA District- Bhabhua (Kaimur)
======================================================
Irfan Khan , Son of Rahman Khan, resident of Village- Bhuwalpur, P.S.Chainpur, District- Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Sri Rajani Kant Pandey, Advocate For the Opposite Party/s : Sri Nirmal Kumar Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 20-08-2018
Heard Sri Rajani Kant Pandey, learned counsel for
the petitioner and Sri Nirmal Kumar Sinha, learned Additional Public Prosecutor.
The sole petitioner, who is in custody in connection with Bhabua P.S. Case No. 268 of 2018 , registered for the offence under Section 366(A)/34 of the Indian Penal Code, 1860 , has prayed for grant of bail.
Learned counsel for the petitioner submits that petitioner was made accused in the F.I.R. only on suspicion. He further submits that during investigation statement of the victim girl was recorded under Section 164 of the Code of Criminal Procedure , 1973 in which she has not asserted anything against the petitioner, whereas, learned Additional Public Prosecutor submits that during investigation the victim,
Patna High Court Cr.Misc. No.49851 of 2018(2) dt.20-08-2018 2/2
who is minor, has categorically stated regarding involvement of
the petitioner.
Considering the nature of accusation, I am not
inclined to grant bail.
The prayer for bail stands dismissed.
(Rakesh Kumar, J)
praful/-
U T
1 issue framed by the court
Whether bail should be granted to an accused facing charges of kidnapping and abducting a minor.
2 provisions across 2 enactments
Irfan Khan
State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
