Single judge of Patna High Court rejected an application for bail in a kidnapping case. The victim supported the prosecution, and the court declined to enlarge the petitioner on custody.
Application for bail rejected; petitioner remains in custody; trial expedited.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47114 of 2021
Arising Out of PS. Case No.-453 Year-2020 Thana- PURNEA SADAR District- Purnia
======================================================
SUNIL URAON @ SUNIL URAWN Son of Sharmaji Urawn Resident of Village- Birpur, P.S.- Muffasil, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Mohammad Sufyan, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 04-04-2022 Heard the parties.
The petitioner has preferred this application in a case registered under sections..
as per the prosecution case, the informant states that the five named accused persons including the petitioner herein took away his minor daughter.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The age of the girl was medical ..and she was found to be 19-20 years. The statement under section 164 Cr.PC is a tutored statement. The petitioner is in custody since 15.1.2021 and has no criminal antecedent. Charge sheet has been submitted in the case.
The application for bail is opposed by learned counsel
Patna High Court CR. MISC. No.47114 of 2021(3) dt.04-04-2022 2/2
for the State who submits that as per the certificate issued by the school, the daughter of the informant is a minor. Further the victim has supported the prosecution case against the petitioner in her statement under section 161 Cr.P.C as also under section 164 Cr.PC.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the material that has transpired in course of investigation wherein the victim has supported the direct allegation against this petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial Court is directed to expedite the trial.
(Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
whether the petitioner should be granted bail being falsely implicated in a kidnapping case
whether the victim statement under section 161 CrPC and section 164 CrPC supports continuation of custody
2 provisions across 1 enactments
Sunil Uraon @ Sunil Urawn
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
