Ujjawal Singh @ Ujjawal Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ujjawal Singh @ Ujjawal Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, on arrest/surrender before the court below within eight weeks, to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Gaya, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in Buniyadganj P.S. Case No. 161 of 2024 registered for an offence under Section 366(A) IPC (alleged kidnapping of the informant's minor daughter for marriage), should be enlarged on anticipatory bail, given the victim's Section 164 Cr.P.C. statement denying the prosecution case.

Ratio / Principle

Considering the statement of the victim recorded under Section 164 of Cr.P.C., the Court allowed the anticipatory bail application of the petitioner.

Key takeaways

In the event of arrest or surrender before the court below within eight weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class, Gaya, in connection with Buniyadganj P.S. Case No. 161 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Prabhat Kumar Singh, J) allowed anticipatory bail to a petitioner apprehending arrest in Buniyadganj P.S. Case No. 161 of 2024 (Gaya) for an offence under Section 366(A) IPC (alleged kidnapping of the informant's minor daughter for marriage), principally because the victim, in her statement recorded under Section 164 Cr.P.C., denied the prosecution case and stated she went with the petitioner on her own accord. Bail directed upon arrest/surrender within eight weeks, on a Rs. 10,000/- bail-bond with two like sureties to the satisfaction of the Judicial Magistrate, 1st Class, Gaya, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1819 of 2025

Arising Out of PS. Case No.-161 Year-2024 Thana- BUNIYAD GANJ District- Gaya

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

Ujjawal Singh @ Ujjawal Kumar S/O Mohan Singh @ Suresh Singh Resident of Village- Harli, P.S- Muffasil, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 15-04-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 366(A) of Indian Penal Code.

It is alleged this petitioner kidnapped minor daughter of informant for the purpose of marriage.

Learned counsel appearing for the petitioner submits that victim in her statement, recorded under Section 164 of Cr.P.C., has denied the prosecution case and has categorically stated that she on her own accord went with the petitioner. Petitioner is own son-in-law of the informant and claims clean antecedent.

Learned A.P.P. for the State vehemently opposed

Patna High Court CR. MISC. No.1819 of 2025(3) dt.15-04-2025 2/2

the bail application.

Considering statement of the victim recorded under Section 164 of Cr.P.C., this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1^st Class, Gaya in connection with Buniyadganj P. S. Case No. 161 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Navya/-

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