The High Court of Patna granted regular bail to the petitioner in a kidnapping case involving the minor daughter of an informant, directing him to furnish a bond with two sureties.
Enlargement on bail upon furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
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.57122 of 2024
Arising Out of PS. Case No.-242 Year-2024 Thana- DIGHA District- Patna
======================================================
Arun kumar, Son of Upendra Ram Village- Bariyarpur, PS- Tariyani, DistShivhar
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ram Jiban Pd Singh, Adv. For the Opposite Party/s : Mr. Umanath Mishra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 20-08-2024
Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Digha P.S. Case No. 242 of 2024 dated 21.04.2024 registered for the offences punishable u/ss 363, 365 and 366A of the Indian Penal Code.
3 . As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her.
4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted in para 8 and 9 of the bail petition that the victim in her statement recorded under Section 161 of the Cr.P.C. in para 33 of the case diary in which she
Patna High Court CR. MISC. No.57122 of 2024(2) dt.20-08-2024 2/2
did not make any allegation against anyone. She took name of the petitioner without stating any identity. He also submitted that from perusal of the impugned order, the victim has given contrary version in the statement u/s 164 of the Cr.P.C. from the statement of u/s 161 of the Cr.P.C. which creates doubt on the statement of the victim. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Digha P.S. Case No. 242 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail in a case involving the abduction of a minor girl.
Whether inconsistencies in the victim's statements create sufficient doubt to warrant bail.
3 provisions across 2 enactments
Arun kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
