Criminal Miscellaneous case seeking bail in a kidnapping charge. The petitioner claimed marriage negotiation falsified the case. The Bench rejected bail citing the victim's traceless status and direct allegations.
Petitioner's prayer for bail is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13476 of 2021
Arising Out of PS. Case No.-296 Year-2020 Thana- KATEYA District- Gopalganj
======================================================
Jakaul Ahmad @ Sallu Son Of Kamruddin Ahmad R/o village- Sutawar, P.S.Lar, District- Deoria (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhramveer For the Opposite Party/s : Mr.Chandra Sen Pd. Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
6 29-11-2021
Heard learned counsel for the petitioner and learned
A.P.P for the State.
The petitioner seeks bail in Kateya P.S. Case No. 296 of 2020, registered for the offence punishable under Sections 365, 366 and 34 of the Indian Penal Code.
As per the prosecution case, this petitioner along with other accused persons kidnapped the daughter of informant who is still traceless.
It is submitted on behalf of the petitioner that from bare perusal of FIR it appears that a marriage negotiation was going on between the family of the parties, but the same could not be materialized. In fact, informant and her husband kept her daughter at their home and in order to put pressure on petitioner and his family members, this false case has been lodged
Patna High Court CR. MISC. No.13476 of 2021(6) dt.29-11-2021 2/2
Petitioner is in custody since 05.10.2020 having no criminal antecedent.
Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation against petitioner of kidnapping the girl and the girl is still traceless.
Considering the facts aforesaid and the nature of allegation and the fact that girl is still traceless, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
1 issue framed by the court
Whether the petitioner should be granted bail in a kidnapping case under Sections 365, 366 and 34 of the IPC where the victim is traceless.
Jakaul Ahmad @ Sallu
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
