Hon'ble Justice Shaileendra Singh granted regular bail to the petitioner in a kidnapping and abduction case, considering the victim's statement under Section 164 Cr.P.C. and the petitioner's clean antecedents.
Petitioner enlarged on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27716 of 2022
Arising Out of PS. Case No.-484 Year-2021 Thana- GOGRI District- Khagaria
======================================================
Rakesh Kumar @ Munna Son Of Nand Kishore Chourasiya R/O VillageRatan, P.S.- Gogari, District- Khagaria
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mr. Amitesh Kumar, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
5 14-03-2023
Let the defects, 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.
Petitioner seeks regular bail in connection with Gogri P.S. Case No. 484 of 2021 (G.R. No. 3443/2021) registered for the offence punishable under Section 366A/34 of the Indian Penal Code.
As per the prosecution, the informant alleged that his daughter was kidnapped by this petitioner along with named coaccused persons when she had gone to collect her matriculation certificate from school.
The main submissions advanced by petitioner's counsel are that the petitioner is a relative of co-accused namely
Patna High Court CR. MISC. No.27716 of 2022(5) dt.14-03-2023 2/2
Suraj Kumar @ Chhotu and the allegation made in the FIR is totally false and the same has been falsified by the victim herself in her statement recorded under Section 164 of Cr.P.C. and the petitioner has been languishing in jail since 31.10.2021 and he has fair and clean antecedent and the victim's statement clearly goes to show that she herself left the house of her parents on her own will, on account of having love affair with coaccused Suraj Kumar @ Chhotu.
Learned APP appearing for the State has opposed the bail prayer.
Considering the above submissions and mainly the victim's statement recorded under Section 164 of Cr.P.C., which completely goes against the allegation made in the FIR and also taking into account, the petitioner's fair and clean antecedent and his custody period, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Gogri P.S. Case No. 484 of 2021 (G.R. No. 3443/2021).
(Shailendra Singh, J)
annu/- U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a case involving kidnapping and abduction.
Colour shows how this judgement treated each authority
Section 164 of Cr.P.C.Referred¶11
Rakesh Kumar
The State of Bihar
Shaileendra Singh
As recorded by the court registry
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