Patna High Court - Orders
Mukesh Patel vs The State Of Bihar on 25 July, 2014
Author: Aditya Kumar Trivedi
Bench: Aditya Kumar Trivedi
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20370 of 2014
Arising Out of PS.Case No. -273 Year- 2013 Thana -BETTIAH CITY District-
WESTCHAMPARAN(BETTIAH)
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Mukesh Patel s/o Chanu Patel, resident of Mohalla- Bashwariya, Bettiah
Town, Distt - West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mrs. Rajani Kumari, Adv.
For the Opposite Party/s : Mr. Mustaque Alam, APP
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CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
ORAL ORDER
3 25-07-2014Heard learned counsel for the petitioner as well as learned APP for the State.
Ragini @ Saraswati while had gone to ease herself on 26.04.2013 at about 4:00 a.m., she was kidnapped by Ramji Patel, Pramod Patel, Mukesh Patel, Sunil Patel and Alauddin for which Arjun Patel, her father had filed a written report. The motive has been shown as on earlier occasion, daughter of accused, Ramji Patel had escaped for which a case was instituted against the son of informant, Balmiki Kumar.
During course of investigation, said Alauddin was apprehended and his confessional statement is recorded under para-85 of the case diary from which it is apparent that the victim and Allauddin are love birds and on account thereof, in pre- Patna High Court Cr.Misc. No.20370 of 2014 (3) dt.25-07-2014 2 planned manner they escaped therefrom. From para-5 of the supplementary case diary, it is apparent that the victim was apprehended while she was alone and during course thereof, she had given her statement whereunder she had admitted her relationship with Alauddin and on account thereof, she also admitted to be pregnant. Then thereafter, her statement under Section 164 Cr.P.C. was recorded and the same is incorporated under para-22 of the supplementary case dairy wherein she had alleged that Sunil, Pramod and Mukesh had kidnapped and taken her to Nepal, however, they had not done any harm to her. The victim was also medically examined and the report is under para- 18 wherefrom, it is evident that she was found pregnant.
Contention on behalf of the petitioner is that after statement of the victim under Section 161 Cr.P.C., she was influenced by the prosecution party and on account thereof, contradicting her previous statement made under 161 of the Cr.P.C. shown the petitioner along with two others responsible for kidnapping which could not be accepted in the background of inconsistency between the two statements coupled with the factual aspect of pregnancy of the victim. It has also been submitted that save and except so alleged victim none had seen the petitioner accompanying the victim.
Patna High Court Cr.Misc. No.20370 of 2014 (3) dt.25-07-2014 3
On the other hand, learned APP opposed the prayer for bail but fairly concedes.
In the aforesaid facts and circumstances of the case, petitioner, Mukesh Patel is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 273/2013.
(Aditya Kumar Trivedi, J)
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