This order grants bail to the petitioner, a father of the co-accused, in a criminal case involving kidnapping and unlawful influence, accepting the defence that the incident was a consensual marriage. Bail granted with conditions.
Directs enlargement of the petitioner on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amount.
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.9786 of 2021
Arising Out of PS. Case No.-203 Year-2020 Thana- HASANPUR District- Samastipur
======================================================
RAVINDRA THAKUR SON OF LATE DEV KANT THAKUR R/O VILLAGE- SHASAN, P.S.- HASANPUR, DISTRICT- SAMASTIPUR.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Amarjeet Choudhary For the Opposite Party/s : Mr.Mithilesh Kumar Khare, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 03-06-2021
This matter is taken up for consideration through
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner, learned counsel for the informant and the State.
The petitioner seeks bail in Hasanpur P.S. Case No. 203 of 2020, registered for the offence punishable under Section 366 and 34 of the Indian Penal Code.
As per the prosecution case, co-accused Vaibhav Kumar Gaurav with the help of his family member abducted the daughter of informant for illegal act or killed her.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case, as he is father of co-accused Vaibhav Kumar Gaurav. In fact, there is love
Patna High Court CR. MISC. No.9786 of 2021(2) dt.03-06-2021 2/3
affair between the petitioner and the daughter of informant. The victim girl in her statement under Section 164 Cr.P.C has clearly stated that out of her own sweet will, she left her house and went along with the petitioner and also solemnized marriage in a temple. Moreover, the age of victim girl is 20 years. Petitioner is in custody since 07.10.2020 having clean antecedent, as stated in para 3 of the petition.
Learned counsel for the informant vehemently opposed the prayer for bail.
In view of the statement of victim girl recorded under Section 164 Cr.P.C., the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 203 of 2020, subject to following conditions:-
(i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.9786 of 2021(2) dt.03-06-2021 3/3
(ii) If the petitioner tampers with the evidence or the
witnesses of the case, in that case, prosecution will be at liberty
to move for cancellation of bail of the petitioner.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioner, falsely implicated in an abduction/kidnapping case against his son, is entitled to bail.
Whether the victim's statement indicating voluntary departure warrants the petitioner's release on bail.
2 provisions across 2 enactments
Ravindra Thakur
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
