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Arvind Tiwari Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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Patna HC
2021
Arvind Tiwari Vs The State of BiharArvind Tiwari v. The State of Bihar

Arvind Tiwari v. The State of Bihar

Patna HC17 Feb 2021CR. MISC./14046/2020

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT PATNA CRIMINAL…

What the court decided

AI extract

Issue for consideration

Whether anticipatory bail should be granted to the petitioner in a case involving kidnapping for marriage under Sections 363 and 366(A) of the IPC.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14046 of 2020

Arising Out of PS. Case No.-48 Year-2015 Thana- NAUTAN District- Siwan

======================================================

ARVIND TIWARI Son of Narendra Tivari Resident of Village- Pipra, P.S.Nautan, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Tiwary For the Opposite Party/s : Mr.Mukeshwar Dayal ======================================================

CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

4 17-02-2021

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioner in a case involving kidnapping for marriage under Sections 363 and 366(A) of the IPC.
2.
Whether the petitioner's clean antecedents and victim's voluntary presence warrant granting anticipatory bail.

Parties & counsel

AI extract

petitioner
Arvind Tiwari
respondent
The State of Bihar

Coram

AI extract

Arvind Srivastava

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 17 Feb 2021 · February
Registered: 26 Feb 2020
Case no.: CR. MISC./14046/2020

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Cite this judgement

Arvind Tiwari v. The State of Bihar, CR. MISC./14046/2020 (PAT), decided on 17 February 2021.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Arvind Srivastava

Parties & counsel

A compact analysis

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.

The petitioner seeks anticipatory bail in

connection with Nautan P.S. Case No. 48 of 2015 for the offence under Sections 363, 366(A)/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the victim girl voluntarily gone with the petitioner as both are known to each other. No forceful act or any overt act has been committed by the petitioner. Moreover, co-accused having more or less similar allegation has already been

Patna High Court CR. MISC. No.14046 of 2020(4) dt.17-02-2021 2/2

granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 34980 of 2016. Hence, the petitioner may be granted the anticipatory bail.

Learend A.P.P. for the State has opposed the prayer for bail and submitted that there is direct allegation of kidnapping of victim against the petitioner with intention to get married with her which is evident form the paragraph 45 and 47 of the case diary. Hence the petitioner does not deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

(Arvind Srivastava, J)

brajesh/-

U T

CNR

BRHC010215882020

Topic

Anticipatory Bail

Bench

Arvind Srivastava

Disposal

REJECTED

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17 Feb 2021

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17 Feb 2021