In a bail application under sections 363 and 366A IPC, the Patna High Court granted bail to the petitioner, noting the petitioner's clean record and the victim's statement clarifying she left voluntarily.
Enlargement on bail upon furnishing a bond of Rs. 10,000 and two sureties of the like amount each.
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.12393 of 2021
Arising Out of PS. Case No.-139 Year-2018 Thana- SAHPUR District- Bhojpur
======================================================
RANJIT PANDIT Son of Kish Nath Pandit @ Kish Nath Kumar Resident of Village- Karnamepur, P.S.- Shahpur, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Singh, APP For the Opposite Party/s : APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-06-2021
Heard learned counsel for the petitioner and learned counsel for the State through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Sahpur P.S Case no. 139 of 2018 registered under sections 363 and 366A of the Indian Penal Code.
As per allegation in the FIR, it is stated by the informant that his minor daughter was kidnapped by accused Vickey Singh who was helped by his friends. It is stated that a message was found in the mobile phone of the petitioner wherein the message was that the photograph should be sent to Abhishek.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in the case. He has no concern with the daughter of the informant. The daughter of the informant returned back and in her statement recorded under section 164 Cr.P.C (annexure to the supplementary affidavit) categorically stated that she is a major,
Patna High Court CR. MISC. No.12393 of 2021(2) dt.29-06-2021 2/2
she was not kidnapped and had gone with Abhisekh Ram out of her own free will. The petitioner is in custody since 15.9.2020 and has no criminal antecedent.
The application for bail is opposed by learned counsel for the State.
Having heard learned counsel for the parties and taking into consideration the contents of statement of the daughter of the informant under section 164 Cr.P.C, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sahpur P.S Case no. 139 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Bhojpur, Ara.
(Partha Sarthy, J)
Prakash/-
U
1 issue framed by the court
Whether the petitioner, charged with kidnapping and abduction, is eligible for release on regular bail given the informant's daughter's statement that she left voluntarily and the petitioner's clean r
3 provisions across 3 enactments
Ranjit Pandit
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
