The High Court at Patna granted bail to the petitioner charged with kidnapping for marriage. The court directed the submission of bail bonds to the lower court and imposed standard conditions regarding trial attendance and non-tampering.
Petitioner released on bail with Rs. 10,000 bond and two sureties subject to standard conditions.
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.17796 of 2022
Arising Out of PS. Case No.-220 Year-2021 Thana- KHODAWANDPUR District- Begusarai
======================================================
Sujit Kumar Paswan Son of Arjun Paswan Resident of Village- Thatia, P.S.Rosera, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 22-07-2022
Let the defects, as pointed out by the office, be
removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State in virtual court proceeding.
Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A), 506, 34 of the Indian Penal Code.
The prosecution case, in short, is that the accused persons including the petitioner is alleged to have kidnapped the daughter of the informant for the purpose of marriage.
Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that as per
Patna High Court CR. MISC. No.17796 of 2022(2) dt.22-07-2022 2/3
allegation the victim was forcefully abducted by the petitioner and other three persons. He further submits that the victim was recovered and her statement recorded under Section 164 of the Cr. P.C. on 05.10.2021 in this case in which it has specifically been mentioned that she solemnized marriage with the petitioner five months before at Punjab and she wants to go with her husband. The victim is 18 years old. The petitioner is in custody since 01.11.2021.
Learned APP for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Khodawandpur P.S. Case No. 220 of 2021, with the following conditions :-
(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.17796 of 2022(2) dt.22-07-2022 3/3
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving kidnapping for marriage punishable under Sections 366(A), 506, and 34 of the IPC.
1 provisions across 1 enactments
Sujit Kumar Paswan
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
