Petitioners challenged anticipatory bail in abduction and POSCO Act offences. High Court rejected bail citing victim statement and delay but suggested considering regular bail upon surrender.
Application for anticipatory bail dismissed; regular bail to be considered upon surrender.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57120 of 2023
Arising Out of PS. Case No.-284 Year-2022 Thana- SIKARPUR District- West Champaran
======================================================
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Adv. For the Informant : Mr. Pankaj Kumar Jha, Adv. For the State : Mr. Ashok Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
appearing on behalf of the petitioners and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State. The informant is represented by Mr. Pankaj Kumar Jha, learned counsel.
Patna High Court CR. MISC. No.57120 of 2023(4) dt.13-12-2023 2/4
daughter went to attend the call of nature along with Sairun Nisha and Shahjadi Khatoon, she did not return to her house. On a query, she came to know that she was abducted by the petitioners and one another co-accused person.
Patna High Court CR. MISC. No.57120 of 2023(4) dt.13-12-2023 3/4
Patna High Court CR. MISC. No.57120 of 2023(4) dt.13-12-2023 4/4
recorded under Section 164 Cr.P.C., prima facie, this Court finds that this is not a case for grant of anticipatory bail to the petitioners. However, in case the petitioners surrender before the court below, their prayer for regular bail shall be considered by taking into account the afore-noted submissions and the delay in lodging of the complaint, expeditiously, without unnecessary delay.
(Harish Kumar, J)
Anjani/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioners accused of abduction and sexual exploitation.
Whether the significant delay in filing the complaint and accused criminal antecedents preclude bail.
3 provisions across 3 enactments
Virendra Sahani S/O Late Manager Sahani
Rishideo Sahani @ Rishidev Kumar S/O Virendra Sahani
The State Of Bihar
HARISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
