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Vijay Singh @ Digvijay Singh v. The State of Bihar

Patna HC28 Aug 2019CR. MISC./19961/2019

Case brief

AI extract

What is this about?

Hon'ble Justice Anil Kumar Sinha granted anticipatory bail to the petitioner in a PS Case alleging kidnapping for illicit purposes. The court relied on the victim's recorded statement lacking incriminating material and directed surrender within four weeks to secure release on surety bonds.

What did the court decide?

Petitioner directed to surrender within four weeks; released on anticipatory bail upon furnishing bond of Rs. 10,000 and two sureties.

Vijay Singh @ Digvijay Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19961 of 2019

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Arising Out of PS. Case No.-318 Year-2018 Thana- SITAMARHI District- Sitamarhi

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======================================================

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Vijay Singh @ Digvijay Singh, son of Achhutanand Singh, Resident of Village- Dumari, P.O.- Naya Ganj, P.S.- Desari, District- Vaishali, at present residing at Dumara, Near Shankar Chowk, District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Verma For the Opposite Party/s : Mr.Kalyan Shankar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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4 28-08-2019

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Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

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Petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No.318 of 2018 for the offence punishable under Sections 363, 365/34 of the Indian Penal Code.

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The allegation against the petitioner as per the First Information Report is that petitioner allured daughter of the informant and abducted her for illicit purposes.

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Learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the victim girl was working as maidservant in the house of the petitioner and his father used to take money from the petitioner from time to time which would be evident from statement given by the petitioner in paragraph 9 of this application. Learned counsel further submits

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Patna High Court CR. MISC. No.19961 of 2019(4) dt.28-08-2019 2/2

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that the statement of victim girl has been recorded under Section 164 Cr.P.C. which is annexed at Annexure-2 and from perusal of the same, it would be evident that she has accepted that no illegal act was committed upon her by the petitioner. The only thing which has come against the petitioner in her statement is that she was forced to work in the house of the petitioner.

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After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that from statement under Section 164 Cr.P.C., no incriminating material has come against the petitioner and further victim girl is major, as such, I am inclined to grant anticipatory bail to the petitioner.

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Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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sanjeev/- U T

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(Anil Kumar Sinha, J)

Vijay Singh @ Digvijay Singh v. The State of Bihar

Case brief

What is this about?

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Vijay Singh @ Digvijay Singh v. The State of Bihar

Case brief

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What did the court decide?

What the court decided

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