In a bail application, the Patna High Court granted regular bail to the petitioner. The court relied on the victim's statutory statement confirming a pre-existing love affair and marriage with the co-accused, deeming the petitioner's implication false as his father.
Released on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal 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.30458 of 2021
Arising Out of PS. Case No.-121 Year-2020 Thana- SATHI District- West Champaran
======================================================
SUDAMA KUSHWAHA S/O MANIRAJ MAHTO R/O VILLAGEGOPALPUR, P.S.-SATHI, DISTRICT-WEST CHAMPARAN.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Gupta For the Opposite Party/s : Mr. Sanjay Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 02-03-2022
Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Sathi Police Station Case No. 121 of 2020, registered for the offence punishable under Sections 363/366-A/504/34 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, abducted the daughter of the informant for the purpose of marriage.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the father of the co-accused Roushan Kushwaha, who was having love affair with the daughter of the informant. He next submits that the victim girl was recovered by
Patna High Court CR. MISC. No.30458 of 2021(4) dt.02-03-2022 2/2
the police and her statement, under Section 164 of the Code of Criminal Procedure, 1973, was recorded, in which she has categorically stated that she was having love affair with the coaccused Roushan Kushwaha and has solemnized marriage with him in a temple and wants to live with co-accused Roushan Kushwaha. He further submits that the petitioner is in custody since 03.10.2020.
Regards being had to the submissions advanced 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 3rd Additional Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Sathi Police Station Case No. 121 of 2020.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
1 issue framed by the court
Whether the petitioner should be granted regular bail in connection with the abduction offence.
2 provisions across 2 enactments
SUDAMA KUSHWAHA
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
