This court confirmed the provisional bail granted to the petitioner in a kidnapping case. The court noted the victim's statement recorded under Section 164 of Cr.P.C. disputed the FIR allegations, and the State had no objection to the confirmation.
Provisional bail granted to the petitioner on 04.10.2021 was confirmed with same terms.
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.25598 of 2021
Arising Out of PS. Case No.-141 Year-2020 Thana- LALGANJ District- Vaishali
======================================================
SONU SINGH @ ANKUR SINGH Son of Alok Kumar Singh @ Tuntun Singh Resident of village - sahtha, Police Station - Bhagwanpur, District – Vaishali. ... ... Petitioner/s
Versus
| THE STATE OF BIHAR ==================== |
... ... Opposite Party/s ================================== |
|---|---|
| Appearance : |
|
| For the Petitioner/s : |
Mr. Manish Kumar No.2, Advocate Mr. Gajendra Kumar Singh, Advocate |
| For the Opposite Party/s : ==================== |
Ms. Renu Kumari, App ================================== |
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
Let the defect(s), if any, pointed out by the office be
removed within three weeks from the date of this order failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner and the learned APP for the State.
Earlier the petitioner was granted provisional bail by this Court by order dated 04.10.2021 and learned counsel for the petitioner seeks confirmation of the provisional bail granted to this petitioner.
As per the prosecution, this petitioner along with other co-accused kidnapped the daughter of the informant for the purpose of marriage.
The main submissions advanced by the learned counsel Mr. Manish Kumar No.2 for the petitioner are that the
Patna High Court CR. MISC. No.25598 of 2021(4) dt.15-02-2023 2/3
petitioner has been languishing in jail since 14.08.2020 and the so-called victim has been recovered and she has recorded her statement under Section 164 of Cr.P.C. and this Court granted the relief of provisional bail to the petitioner on 04.10.2021 and the petitioner is still on said provisional bail and the same has not been misused by him and the allegations made in the FIR are totally false and the same has not been supported by the victim herself in her statement recorded under Section 164 of Cr.P.C. which has been filed as Annexure 2 and she clearly accepted her love affair with this petitioner and also accepted her matrimonial relationship with this petitioner and accordingly, a prayer is being made to confirm the provisional bail granted by this Court.
Learned APP Ms. Renu Kumari appearing for the State has no objection for confirmation of the provisional bail.
Having considered the above submissions and mainly taking into account the victim’s statement recorded under Section 164 of Cr.P.C. in which the facts stated by her are completely against the allegation of the FIR, this Court is inclined to accept the petitioner’s prayer for confirmation of provisional bail granted to him earlier on 04.10.2021 and accordingly the same is confirmed with same terms and
Patna High Court CR. MISC. No.25598 of 2021(4) dt.15-02-2023 3/3
conditions.
(Shailendra Singh, J)
Sanjay/-
U T
2 issues framed by the court
Whether the provisional bail granted to the petitioner should be confirmed.
Whether the victim's statement under Section 164 of Cr.P.C. supports the allegations in the FIR.
1 provisions across 1 enactments
Sonu Singh @ Ankur Singh
The State of Bihar
Shaileendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
