Petitioners sought pre-arrest bail in a kidnapping case alleging abduction of the informant's daughter. The court dismissed the application, noting the initial FIR and statement supported the accusation, and directed surrender for regular bail consideration.
Prayer for pre-arrest bail rejected; petitioners directed to surrender for regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67600 of 2019
Arising Out of PS. Case No.-108 Year-2019 Thana- BAHADURGANJ District- Kishanganj
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Versus
The State of Bihar ... Opposite Party
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Appearance :
For the Petitioners : Mr. Vijay Kumar, Adv. For the Opposite Party : Mr. Madhuri Lata, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 15-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Bahadurganj P.S. Case No. 108 of 2019, pending in the Court of the Chief Judicial Magistrate, Kishanganj, for the offence alleged under Sections 366A, 384, 506 and 34 of the Indian Penal Code.
The accusation is of kidnapping of daughter of the informant forcibly from the door of the informant boarding her on the motorcycle.
The learned counsel for the petitioners submits that while the victim-daughter of the informant supported the allegation as given in the first information report in her
Patna High Court CR. MISC. No.67600 of 2019(2) dt.15-11-2019 2/2
statement recorded under Section 164 of the Criminal Procedure Code, but, in fact, victim was married and left her parental house, according to her sweat will and perform marriage with petitioner no. 2.
Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioners. The prayer for pre-arrest bail is rejected . The petitioners are directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.
(Rajendra Kumar Mishra, J)
Shamshad/-
U T
2 issues framed by the court
Whether pre-arrest bail should be granted in a kidnapping case where the victim claims she left her parental home voluntarily to marry the petitioner.
Whether the victim's changing account of events regarding her marriage negates the gravity of the alleged kidnapping offence for bail purposes.
2 provisions across 2 enactments
MD. SHAKIL
Naiyar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
