The High Court of Jharkhand granted bail to the petitioner, an accused in a Section 366-A IPC kidnapping case, noting the victim's statement suggesting she married out of free will.
Petitioner directed to be released on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.3944 of 2015
Sushant Kumar
..... Petitioner
Versus
The State of Jharkhand
…. Opposite Party
CORAM: HON’BLE MR. JUSTICE H.C. MISHRA
For the Petitioner : Mr. B.M. Tripathy Mr. Nutan Kumari Sharma For the State : A. P.P.
2/13.07.2015 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused for the offence under Section 366-A of the Indian Penal Code, in connection with Nagri P.S. Case No.22 of 2015, corresponding to G.R. No.882 of 2015.
There is allegation against the petitioner to have kidnapped the minor daughter of the informant.
The statement of the victim girl has been recorded under Section 164 of the Cr.P.C., wherein she has disclosed her age to be 19 years and the Court below has assessed her age to be about 17 years. She has stated that the petitioner has not committed any offence with her and she has married the petitioner out of her free will.
In the facts and circumstances of the case, I am inclined to release the petitioner on bail. Accordingly, the petitioner Sushant Kumar is directed to be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Md. Fahim Kirmani, learned Judicial Magistrate, 1st Class, Ranchi, or his successor, in connection with Nagri P.S. Case No.22 of 2015, corresponding to G.R. No.882 of 2015.
(H. C. Mishra, J)
R.Kumar
2 issues framed by the court
Whether bail should be granted to the petitioner charged with kidnapping a minor under Section 366-A IPC.
Whether the assessment that the victim was married with free will supports release on bail.
Sushant Kumar
The State of Jharkhand
H.C. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
