The Patna High Court considered a bail application by the accused in a kidnapping case for marriage. Relying on the trial court's report that prosecution witnesses had been examined, the Court refused to enlarge the petitioner on bail.
Prayer for bail refused; Trial directed to be expedited.
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.39233 of 2022
Arising Out of PS. Case No.-41 Year-2021 Thana- RANIGANJ District- Araria
======================================================
Manjay Ram @ Manjesh Ram Son of Late Latori Ram Resident of Village - Gokhalpur, Ward No.10, P.s.- Sarsi, Distt.- Purnea.
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Ms. Preety Kunwar, Advocate For the Informant : Mr. Kundan Kumar Singh, Advocate For the State : Mr. Rajendra Singh,, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
7 14-03-2023
Heard Mr. N.K. Agrawal, learned Senior counsel for
the petitioner, Mr. Kundan Kumar Singh, learned counsel appearing on behalf of the Informant and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366, 376/34 of the Indian Penal Code.
The prosecution case, in short, is that on 10.02.2021, accused persons including the petitioner are alleged to have kidnapped the daughter of the informant for the purpose of marriage.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He
Patna High Court CR. MISC. No.39233 of 2022(7) dt.14-03-2023 2/2
further submits that there is contradiction in the statement of the victim recorded under Section 161 of the Cr. P.C. and Section 164 of the Cr. P.C..
Vide order dated 25.01.2023, a report was called for with regard to the stage of the trial. Report dated 01.02.2023 reveals that out of seven chargesheeted witnesses, four prosecution witnesses have been examined including victim and Investigating Officer.
In view of the report of the learned trial court, I am not inclined to enlarge the petitioner on bail in connection with Raniganj P.S. Case No. 41 of 2021 pending in the Court of learned Additional Chief Judicial Magistrate-VI, Araria.
Prayer is refused.
However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in the ongoing trial for kidnapping and abduction offences.
Whether the contradictions in the victim's statements justify granting bail.
Manjay Ram @ Manjesh Ram
The State of Bihar
Pramila Devi
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
