Allowed

Bashant Das v. the State of Jharkhand

Jharkhand HC14 Mar 2016B.A./9410/2015

Case brief

AI extract

What is this about?

Bail applications filed by Bashant Das and Rohit Das, accused of kidnapping under IPC 366/34, were heard together. The court was satisfied by evidence that the victim girl married Rohit Das voluntarily. Consequently, both petitioners were granted bail.

What did the court decide?

Petitioners Bashant Das and Rohit Das to be released on bail on furnishing bonds of Rs. 10,000 each with two sureties.

Bashant Das Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2016)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B. A. No. 9410 of 2015 Bashant Das Versus The State of Jharkhand with B. A. No. 9838 of 2015 Rohit Das Versus The State of Jharkhand with I. A. No. 1586 of 2016 -------CORAM : HON’BLE MR. JUSTICE H. C. MISHRA -----For the Petitioners : M/s Onkar Nath Tiwari & Gautam Rakesh, Advs. For the State : A.P.P. For the Victim : Mr. Shravan Kumar, Advocate --------

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3/ 14.03.2016 Both these bail applications arise out of the same case and as such, they are taken up together and disposed of by this common order.

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Heard learned counsel for the petitioners and learned A.P.P. for the Prosecution, as also learned counsel for the Victim.

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The petitioners have been made accused for the offence under Sections 366 / 34 of the Indian Penal Code, in connection with Saraiyahat P.S. Case No. 48 of 2015 corresponding to G.R. No. 398 of 2015, S.T. No. 165 of 2015.

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There is allegation against both these petitioners to have kidnapped the daughter of the informant.

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Learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in this case and the victim girl has married the petitioner Rohit Das out of her freewill and she is living with the family of this petitioner. It is also submitted that an application to that effect was also given in the police station by the victim girl, which was also investigated and found to be true. Learned counsel has accordingly, prayed for bail.

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Learned counsel for the State has opposed the prayer for bail.

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The victim girl has appeared through her advocate and has produced her Aadhar card etc., to show her identity and she submits that she has married the petitioner Rohit Das, out of her own freewill.

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In the facts of this case, I am inclined to enlarge the petitioners, Bashant Das and Rohit Das, on bail. Accordingly, the petitioners, named above, are directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-III, Dumka, in connection with S.T. No. 165 of 2015, arising out of Saraiyahat P.S. Case No. 48 of 2015 corresponding to G.R. No. 398 of 2015.

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The aforesaid interlocutory application also stands disposed of.

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( H. C. Mishra, J.)

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R.Kr.

Bashant Das v. the State of Jharkhand

Case brief

What is this about?

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Bashant Das v. the State of Jharkhand

Case brief

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