In a criminal bail petition arising from a kidnapping charge involving a minor, the High Court dismissed the plea, finding no change in circumstances despite prolonged custody and noting the grave nature of the offence.
Bail petition dismissed; custody continued.
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.63070 of 2019
Arising Out of PS. Case No.-72 Year-2018 Thana- LAHERIMUHALLA District- Nalanda
======================================================
RAHUL RANJAN @ RAHUL RAI @ RAHUL RAM S/o Shyam Bihari Kumar @ Shyama Bihari Resident of Village- Shivpuri ,Amrudiya Bigha, P.S.- Islampur, District- Nalanda, at present Bharav Par, P.S.- Laheri, DistrictNalanda.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amrendra Kumar Singh For the Opposite Party/s : Mr.Nitya Nand Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
3 18-12-2019
Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is the third attempt by the petitioner for grant of regular bail in connection with Sessions Trial No. 161 of 2019 arising out of Laheri P.S. Case No. 72 of 2018 for the offence registered under Sections 365, 366(A)/34 of the Indian Penal Code inasmuch as the petitioner’s earlier bail petitions have been dismissed by this Court vide order dated 23.07.2018 passed in Criminal Misc. No. 34281 of 2018 and order dated 17.04.2019 passed in Criminal Misc. No. 8829 of 2019.
The allegation against the accused persons including the petitioner herein is of having abducted the victim girl, who in her statement made under Section 164 Cr.P.C. before the learned Magistrate, has named the petitioner to be the main accused person.
Patna High Court CR. MISC. No.63070 of 2019(3) dt.18-12-2019 2/2
The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 21.03.2018 and there is no chance of conclusion of trial in near future, hence the petitioner should be granted the privilege of bail.
I have heard the learned counsel for the petitioner and the learned A.P.P. for the State and admittedly the learned counsel for the petitioner could not point out any change in circumstances from the time, the petitions of the petitioner seeking grant of regular bail were rejected by this Court earlier vide orders dated 23.07.2018 and 17.04.2019, till date. This Court further finds that there are ample materials to prima facie constitute the offence as alleged against the petitioner herein and the petitioner has committed a grave offence of having kidnapped a minor girl.
Having considered the gravity of the offence alleged to have been committed by the petitioner herein as also considering the fact that there is no change in circumstances, this Court does not find any reason to entertain the present petition, hence the same stand dismissed.
(Mohit Kumar Shah, J)
S.Sb/-
U T
1 issue framed by the court
Whether regular bail should be granted in the third attempt considering the gravity of the offence involving kidnapping of a minor and absence of changed circumstances.
2 provisions across 2 enactments
RAHUL RANJAN
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
