Dismissed¶30

Akash Kumar v. the State of Bihar

Patna HC26 Jul 2024CR. MISC./62211/2023

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No. 62211 of 2023 (Akash Kumar v. The State of Bihar), decided 26-07-2024 by Jitendra Kumar, J. — bail application dismissed in a kidnapping-for-marriage case under Sections 363 and 368-A IPC arising from Khwashpur Barhara P.S. Case No. 245 of 2023, District Bhojpur; victim still traceless; petitioner in custody since 02.05.2023; first bail application. Keywords: bail rejection, kidnapping, minor, traceless, IPC 363, IPC 368-A.

What did the court decide?

Considering the nature of the allegation and the fact that the victim is still traceless, the Court was not persuaded to enlarge the petitioner on bail. ¶26

Akash Kumar Vs the State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62211 of 2023

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Arising Out of PS. Case No.-245 Year-2023 Thana- BARHARA District- Bhojpur

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Akash Kumar, S/O Vijay Yadav R/O Village- Ram Pahal Ka Tola, P.S. Barhara, Dist. Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Nath Sinha, Advocate. For the State : Mr. Ajay Kumar No. 2, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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10 26-07-2024

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks bail in connection with

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Khwashpur Barhara P.S. Case No. 245 of 2023 dated 29.04.2023, registered for the offences punishable under Sections 363 and 368-A of the Indian Penal Code.

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Allegedly, the petitioner has kidnapped the

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minor daughter of the informant for the purpose of marriage.

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Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

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case on account of land dispute. He further submits that the Petitioner has got no criminal antecedent. There is previous

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Patna High Court CR. MISC. No.62211 of 2023(10) dt.26-07-2024 2/3

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land dispute between the parties.

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The petitioner has been languishing in jail since 02.05.2023.

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It is also stated in paragraph no. 2 of the petition that the petitioner has never moved before this Court for grant of anticipatory bail or regular bail.

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However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the nature of allegation is serious in nature and as per the case diary, the Prosecution witnesses have supported the allegation against the petitioner. He also submits that the petitioner is named accused in the F.I.R. as per which the Petitioner along with co-accused who are parents and sister of the Petitioner has kidnapped the victim with intent to marry her and she is still traceless.

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The Superintendent of Police, Bhabhua, has also appeared in virtual mode and apprised the Court regarding the status of investigation as per which the victim is still traceless.

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