Dismissed¶22

Basant Kumar v. The State of Bihar

Patna HC18 Jul 2024CR. MISC./6959/2024

Case brief

AI extract

What is this about?

Regular bail rejected; Section 364 IPC; kidnapping/abduction of minor (8-year-old boy); accused is maternal uncle of victim; eyewitness statement of elder sister under Section 161 Cr.P.C.; victim traceless; accused traced from Delhi; defence plea of ten-day delay in FIR and no eye-witness; Karjain P.S. Case No. 125 of 2023, District Supaul; Patna High Court, Crl. Misc. No. 6959 of 2024; decided 18-07-2024 by Nawneet Kumar Pandey, J.

What did the court decide?

Considering the facts and circumstances of the case, the Court was not inclined to grant regular bail to the petitioner, and the bail application was rejected. ¶22

Basant Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6959 of 2024

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Arising Out of PS. Case No.-125 Year-2023 Thana- KARJAIN District- Supaul

¶3

======================================================

¶4

Basant Kumar S/O Dinesh Mukhiya VILLAGE- BAYASI, WARD NO. 6, PS. KARJAIN, DIST. SUPAUL.

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... ... Petitioner/s

¶6

Versus

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The State of Bihar BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Subodh Kumar Jha Mr.Pranav Kumar Jha Mr.Chandra Mohan Jha For the Opposite Party/s : Mr.Khurshid Anwar ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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6 18-07-2024

¶13

Heard learned counsel for the petitioner as well as learned APP for the State.

¶14

In this case, the petitioner is seeking regular bail in connection with Karjain P.S. Case No. 125 of 2023, registered for the offences punishable under Section 364 of the IPC.

¶15

In compliance of the order dated 09.07.2024, the Investigating Officer is present in the Court. His personal appearance is dispensed with.

¶16

As per allegation, Dilkhush Kumar, aged about 8 years was playing with his sister Kabita Kumari, aged about 10 years. The petitioner, who is maternal uncle of those children, came there and forcibly got seated Dilkhush Kumar on his bicycle. Kabita Kumari intervened but he forcibly took the boy. The boy and the petitioner both became traceless but after sometime, the petitioner was traced out and brought from Delhi and he stated that

¶17

Patna High Court CR. MISC. No.6959 of 2024(6) dt.18-07-2024 2/2

¶18

Dilkhush Kumar got drowned in Kosi river.

¶19

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is delay of ten days in lodging of the FIR. There is no eye-witness of the occurrence and the mental condition of the petitioner is not balanced.

¶20

On the other hand, Mr. Khursid Anwar, the learned APP for the State has opposed the prayer for bail and submitted that the elder sister of the victim boy had seen the petitioner forcibly taking the victim and since then, he is traceless. He submitted further that the petitioner is maternal uncle of the victim and he disclosed that Dilkhush Kumar (victim) got drowned in Kosi river.

¶21

The statement of elder sister of the victim was jotted down under Section 161 of the Cr.P.C. in which she stated that the petitioner had forcibly took her brother on his bicycle.

¶22

Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner, which is hereby rejected.

¶23

(Nawneet Kumar Pandey, J)

¶24

kundan/- U T

Basant Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Basant Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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