Petitioner sought bail in a PC 366A case alleging kidnapping. Court granted bail noting victim's initial consent, lack of antecedents, and absence of witness tampering allegations.
Petitioner released on bail on furnishing bonds of Rs.10,000 with two sureties of the like amount each to the Sub Divisional Judicial Magistrate, Daudnagar Aurangabad.
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.6032 of 2019
Arising Out of PS. Case No.-195 Year-2018 Thana- OBRA District- Aurangabad
======================================================
Om Prakash Kumar Indal Ravani Resident of Village-Viro Bigha, P.S.Sakurabad, Distt.-Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar Pandey For the Opposite Party/s : Mr.Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
3 15-04-2019 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner seeks bail in a case registered under Section 366A of the Indian Penal Code.
The prosecution case in brief is that the informant’s daughter was kidnapped by the accused persons.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 12-09-2018. Charge sheet has already been submitted. The date of occurrence is said to be 2307-2018. The case was instituted on 05-09-2018. The delay in lodging the FIR has not been explained by the prosecution. There was love affairs between the victim and the petitioner.
Patna High Court CR. MISC. No.6032 of 2019(3) dt.15-04-2019 2/2
The victim had left home with her own sweet will. When she came in custody of her parents, under inducement she made statement under Section 164 of the Cr.P.C. .
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar Aurangabad in connection with Obra P.S. Case No. 195 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a kidnapping case where the victim left home with her consent.
2 provisions across 2 enactments
Om Prakash Kumar Indal
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
