The Petitioner was alleged to have tried to kidnap the two girls and forcefully taking them to a place. The girls managed to escape and informed a villager about the same and reached home. The petitioner plead for bail and submitted that he didn’t have much role to play and the main allegation is on co-accused. The Court denied the bail in light of all facts and circumstances. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Gulshan Kumar v. The State of Bihar[Criminal Miscellaneous No.36404 of 2021].
The facts of the case were that the petitioner was apprehended arrest in connection with a case instituted under Sections 364/354B of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. The petitioner was alleged for forcefully making the informant and her friend ride on a motorcycle and being taken to a nearby place, but due to the road being in bad condition, the motorcycle was moving at a slow speed and the informant and her friend jumped from the motorcycle and ran to the house of a villager there who saved them and informed the guardians of the informant who came and took them back.
The Petitioner submitted that the allegation is against the 5 persons of which the petitioner is a party. The main allegation was against the co-accused. It was submitted that the petitioner is only said to have been riding another motorcycle and even thereafter, as per the allegation itself, before they could reach the village, both the girls jumped from the motorcycle and went to the house of a villager and nothing further happened and from there their guardians had come and taken back. Learned counsel submitted that a false allegation has been made and the parties have compromised. It was submitted that the petitioner is an NCC trainer and has no other criminal antecedent.
The learned Additional Public Prosecutor submitted that no reason has been given as to why two girls would file such a case in which it is alleged that the persons were trying to physically abuse them as it would harm their and their families’ prestige in society. Thus, he contended, that the allegation cannot be brushed aside, more so, when the police after the proper investigation has submitted a charge-sheet against the accused, including the petitioner. It was further submitted that the informant has also given a statement before the Court under Section 164 of the Code of Criminal Procedure, 1973 and has fully supported the prosecution case.
The Hon’ble High Court Of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant pre-arrest bail to the petitioner.” The petition was accordingly disposed of.
Judgment Reviewed By Nimisha Dublish