Petitioner sought regular bail in an abduction-for-marriage case. Court noted victim's 164 CrPC statement lacked incriminating details against him. Grant bail upon furnishing bond with sureties.
Petitioner released on bail upon furnishing bond of Rs. 20,000 with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2142 of 2022
Arising Out of PS. Case No.-59 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
RITESH KUMAR @ RITESH GUPTA @ RAHUL KUMAR Son of Mahesh Sah @ Mantu Sah @ Mahesh Kumar @ Mahesh Kumar Gupta @ Mantu Resident of Village/ Muhalla- Kalyanpur, P.S.- Sahebpur Kamal, DistrictBegusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Y. C. Verma, Sr. Adv. Mr.Sanjiv Kumar Singh For the Opposite Party/s : Mr.Prem Kumar Jha For the informant : Mr. Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-05-2022
Heard learned Senior Counsel for the petitioner,
learned Counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sahebpur Kamal Police Station Case No. 59 of 2021, registered for the offences punishable under Sections 366-A/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the petitioner, along with other accused persons abducted the daughter of the informant for the purpose of marriage.
Patna High Court CR. MISC. No.2142 of 2022(2) dt.25-05-2022 2/3
Learned Counsel for the petitioner submits that the petitioner has not committed any offence and he has falsely been implicated in this case. He further submits that from perusal of the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, it would be evident that the victim girl has not stated anything against the petitioner.
On the other hand, learned Counsel for the informant submits that from perusal of the impugned order, it would be evident that the statement of the victim girl was recorded under pressure put by the petitioner and his family members.
Regards being had to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in
Patna High Court CR. MISC. No.2142 of 2022(2) dt.25-05-2022 3/3
connection with Sahebpur Kamal Police Station Case No. 59 of 2021.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether the petitioner is entitled to regular bail in connection with abduction-for-marriage offences under Sections 366-A/34 IPC when the victim's 164 CrPC statement does not mention him.
2 provisions across 2 enactments
RITESH KUMAR @ RITESH GUPTA @ RAHUL KUMAR
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
