Justice Sunil Kumar Panwar granted anticipatory bail to the petitioner in a case involving abduction and attempt to hijack, directing surrender to the lower court within four weeks on furnishing a bond with two sureties.
Enlargement on bail by surrendering to the court below within four weeks, furnishing a bond of Rs. 10,000 with two sureties.
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.2542 of 2022
Arising Out of PS. Case No.-467 Year-2021 Thana- BIHTA District- Patna
======================================================
AJEET KUMAR SON OF KAMESHWAR RAI @ KAMLESHWAR RAI R/O VILLAGE- MUSTAFAPUR, P.S.- BIHTA, DISTRICT- PATNA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sunit Kumar Srivastava For the Opposite Party/s : Mr.Ram Bilash Roy Raman ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 23-08-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bihta P.S. Case no. 467 of 2021 instituted for the offence under Sections 363, 366,34 of the Indian Penal Code.
It is a case of abduction of the informant’s daughter by co-accused Praduman Kumar with the help of the petitioner by a four wheeler.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. After recovery of the victim girl, her statement was recorded in which she has clearly stated that co-accused Praduman Kumar had taken her away forcefully by four
Patna High Court CR. MISC. No.2542 of 2022(3) dt.23-08-2022 2/2
wheeler to Bokaro. She has further stated that this petitioner and Jitendra Kumar was present there and they thrashed her mother on the ground, who was there to protest the kidnapping of her daughter. Specific allegation is not against the petitioner.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bihta P.S. Case no. 467 of 2021, he will be enlarged 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 ACJM 1st Danapur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/- U
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in case of abduction attempt.
Whether the petitioner is innocent based on the victim's statement blaming the co-accused.
1 provisions across 1 enactments
Ajeet Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
