Oral order rejecting bail petition of petitioner arrested for kidnapping under Section 366 IPC and forcible marriage under Section 366(A) IPC. Court held no inclination to grant bail due to nature of allegations and gravity of offence.
Bail petition rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37829 of 2021
Arising Out of PS. Case No.-319 Year-2019 Thana- RAJAON District- Banka
======================================================
Lallu Yadav @ Sumit Kumar S/o Walli Yadav Resident of Nawagarhi, Ram Nagar, P.S. - Rajaun, District - Banka.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rashid Izhar For the Opposite Party/s : Mr.Pranav Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
The petitioner seeks bail in Rajaun P.S. Case No. 319
of 2019, registered for the offence under Sections 366, 366(A), 120(B)/34 of the Indian Penal Code.
As per the prosecution case, this petitioner is alleged to have kidnapped the daughter of the informant and forcibly solemnized marriage with her.
It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. In fact, the petitioner already got married with one Rupa Kumari on 21.06.2019. It is further submitted that though, the alleged occurrence is said to have taken place on 25.06.2019, but F.I.R. has been registered on 23.07.2019 when the victim was recovered without there being any plausible explanation of delay. There is contradiction
Patna High Court CR. MISC. No.37829 of 2021(3) dt.03-11-2021 2/2
in the F.I.R. and statement of the victim recorded under Section 164 Cr.P.C. Petitioner is in custody since 09.01.2021.
However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against the petitioner of kidnapping and committing sexual intercourse with the victim, which has also been supported by the victim in her statement recorded under Section 164 Cr.P.C.
Considering the nature of allegation and gravity of offence, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.
(Prabhat Kumar Singh, J.)
anay
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with kidnapping and forcible solemnization of marriage.
Lallu Yadav @ Sumit Kumar
The State Of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
