The High Court rejected an application for anticipatory bail filed by two petitioners apprehending arrest in a kidnapping case. The Court refused to grant bail exclusively because the victim in the underlying case is a minor.
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.4266 of 2022
Arising Out of PS. Case No.-275 Year-2021 Thana- PHULWARIYA District- Gopalganj
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioners apprehend their arrest in a case registered for the offence punishable under sections 363, 366(A) of the Indian Penal Code.
Allegedly, the petitioners alongwith other co-accused persons kidnapped the daughter of the informant.
It is submitted by learned counsel for the petitioners that
Patna High Court CR. MISC. No.4266 of 2022(4) dt.08-08-2022 2/2
petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. The victim in her statement recorded under section 164 Cr.P.C has not supported the prosecution case and stated that she left her house in her own sweet will. Petitioners have one criminal antecedent, which is also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim is a minor.
Having regard to the facts and circumstances of the case, since the victim is a minor, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on their behalf is hereby rejected.
This application is accordingly, dismissed.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether bail should be granted to petitioners apprehending arrest in kidnapping charges where the victim is a minor.
Whether defects stated in the bail application warrant removal before deciding on bail.
BINDA DEVI
FUL KUMARI
The State of Bihar
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
