The Patna High Court rejected the petitioner's prayer for pre-arrest bail in a criminal case involving offences punishable under IPC sections 323, 324, 307, 366, 494, 379, 504, 506 and 34, considering the gravity of the offences and the victim's statement.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9268 of 2023
Arising Out of PS. Case No.-236 Year-2022 Thana- MOHIUDDIN NAGAR DistrictSamastipur
======================================================
DEEPAK CHOUDHARY @ DEEPAK KUMAR S/O BINOD CHOUDHARY Resident of Village- Karim Nagar, P.S.- Mohiuddin Nagar, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar , Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar , APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 04-07-2023
Heard learned counsel for the petitioner and the
State.
Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 324, 307, 366, 494, 379, 504, 506 and 34 of the I.P.C.
As per the prosecution case, all the F.I.R named accused persons including this petitioner kidnapped the wife of informant and also took away jewelry from the house of informant. It is further alleged that when informant went at the house petitioner then informant was assaulted with iron rod by co-accused persons causing head injury.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this false case due to
Patna High Court CR. MISC. No.9268 of 2023(3) dt.04-07-2023 2/2
village politics. As a matter of fact that real fact is that, informant brutally assaulted his wife and thereafter, she fled away from his house without giving any information to her husband. Petitioner claims clean antecedent.
Learned counsel for the State opposes the prayer for bail and submits that the victim girl in her statement under section 161 and 164 Cr.P.C. have supported the prosecution. It is further submitted that witnessess have also supported the prosecution case.
Considering the statement of victim under section 164 Cr.P.C and gravity of offence, prayer for pre-arrest bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Kaushik/-
1 issue framed by the court
Whether the petitioner is eligible for pre-arrest bail in a case involving grave offences including kidnapping, assault, and attempt to murder.
Deepak Choudhary
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
