The Patna High Court granted anticipatory bail to the petitioner, brother of a suspected tenant, in a kidnapping case. The court relied on the victim's statement denying involvement based on misconceived facts.
Directs petitioner to be released on bail on furnishing bonds in Rs. 10,000 with two sureties within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11207 of 2021
Arising Out of PS. Case No.-122 Year-2019 Thana- RAMPUR District- Gaya
======================================================
VIVEK KUMAR, S/o Sidheshwar Prasad R/o village- Rajaura, P.S.- Konch, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rajnish Kumar For the Opposite Party/s : Mr.Yogendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 22-02-2022
Heard Ms. Archana Mishra, learned Advocate for
the petitioner and Mr. Yogendra Kumar, learned APP for the
State.
The petitioner seeks bail in anticipation of his arrest in connection with Rampur P. S. Case No. 122 of 2019, dated 02.05.2019, instituted for the offences under Section 365 of the Indian Penal Code.
The daughter of the informant went missing and
the informant suspected the hands of his erstwhile tenant namely, Arvind Kumar. The petitioner is the brother of aforesaid Arvind Kumar who was seen roaming around at a place where the victim used to go for attending her
Patna High Court CR. MISC. No.11207 of 2021(2) dt.22-02-2022 2/3
beautician course classes.
The learned Advocate for the petitioner has drawn the attention of this Court to the statement of the victim girl given under Section 164 Cr.P.C., in which she has stated that she had gone to her aunt’s house in Ludhiana, without informing her family members. She learnt at Ludhiana that her mother has filed a case of kidnapping, raising suspicion against some of the accused persons. She has specifically stated that the accusation is based on some misconception of facts.
On the basis of the aforesaid 164 statement, some of the other accused persons of this case have been granted anticipatory bail by a Bench of this Court vide order dated 03.09.2019 passed in Cr. Misc. No. 55647 of 2019.
Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
Patna High Court CR. MISC. No.11207 of 2021(2) dt.22-02-2022 3/3
sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with
Rampur P. S. Case No. 122 of 2019, subject to the
conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J)
skm/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in case of a kidnapping-charge
Whether the victim's statement under Section 164 Cr.P.C. alters the mistrust in the petitioner
2 provisions across 2 enactments
VIVEK KUMAR
THE STATE OF BIHAR
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
