Patna High Court granted anticipatory bail to petitioner apprehending arrest in kidnapping/abduction case involving minor. Court allowed release upon surrender within 12 weeks against security bonds and sureties as per CrPC Sec. 438(2).
Anticipatory bail granted on surrender within 12 weeks against bond of Rs. 10,000 with two sureties.
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.1371 of 2020
Arising Out of PS. Case No.-343 Year-2019 Thana- PARBATTA District- Khagaria
======================================================
BANTI KUMAR, aged about 18 years (Male), Son of Nepali Paswan, Resident of Village- Jawahar Nagar (Udaypur), P.S.- Parbatta, DistrictKhagaria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr.Mrityunjay Kumar, Advocate. For the Opposite Party : Mr.Syed Mojibur Rahman, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
5 04-11-2020
Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 363 and 366(A)/34 of the I.P.C.
The prosecution story, in brief, is that on 26.08.2019 at about 3.00 P.M. informant’s daughter, Poonam Kumari, went to coaching at Parbatta and did not come back to her house. Informant searched at her level but could not find her daughter.
Patna High Court CR. MISC. No.1371 of 2020(5) dt.04-11-2020 2/3
The informant has doubt that Banti Kumar (petitioner), Nepali Paswan and Manju Devi had kidnapped her daughter and kept at a secret place.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr. P.C. has been recorded. There is no allegation of physical or sexual assault alleged against the petitioner. The victim and the petitioner were studying together. They had love affairs which was not liked by their parents and for the said reason, the present case has been instituted.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances of the case, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Parbatta P.S.
Patna High Court CR. MISC. No.1371 of 2020(5) dt.04-11-2020 3/3
Case No. 343/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J)
U.K./- U T
2 issues framed by the court
Whether the petitioner entitled to anticipatory bail in kidnapping and abduction case involving minor victim?
Whether conditions for release on bail can be imposed in lieu of arrest?
1 provisions across 1 enactments
BANTI KUMAR
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
