The High Court, Patna dismissed an application for anticipatory bail in a case involving kidnapping and intended marriage of a minor child. The court held that the applicant should instead seek regular bail from the court below.
Anticipatory bail denied; petitioner directed to move the lower court for regular bail.
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.10028 of 2019
Arising Out of PS. Case No.-244 Year-2018 Thana- NAWANAGAR District- Buxar
======================================================
RAJESH KUMAR GUPTA, Son of Munna Sah Resident of Village – Mohanpur, Police Station – Sikaraul, District – Buxar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bachan Jee Ojha For the Opposite Party/s : Mr.Surendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
5 17-05-2019 This application, for grant of anticipatory bail,
arises out of Nawanagar P.S. Case No. 244/18, disclosing offences under Sections 363 and 366(A)/34 of the Indian Penal Code.
Earlier in this case, case diary and explanation was called for from the Superintendent of Police, Buxar, which has been received and the explanation offered by the Superintendent of Police, Buxar is accepted.
Allegation as per F.I.R. against the petitioner and others is of kidnapping the minor daughter of the informant.
Submission of learned counsel for the petitioner is that save and except suspicion, there is absolutely nothing against the petitioner and earlier also, younger daughter of the informant has fled away, in which also the petitioner and his
Patna High Court CR. MISC. No.10028 of 2019(5) dt.17-05-2019 2/2
family members have been made accused due to previous dispute. Further submission is that there is delay of 25 days in institution of F.I.R.
learned counsel for the State opposed the prayer for bail and submitted that one of the witnesses has supported the case of prosecution, though they are not eye witness and further the victim girl is still traceless.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather he may move before the court below for grant of regular bail, which will be disposed of by the court below on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed
(Vinod Kumar Sinha, J)
sunilkumar/-
U T
2 issues framed by the court
Whether the petitioner is eligible for the grant of anticipatory bail in a kidnapping case involving a minor.
Whether the delay in filing the FIR and the explanation provided by the police warrant the granting of bail.
Rajesh Kumar Gupta
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
