The High Court granted anticipatory bail to the petitioner in an offence under IPC Sections 363/366 (kidnapping and abduction). The judgment noted the victim gave a statement alleging consensual relations followed by marriage.
Anticipatory bail granted; petitioner to be released on bail on arrest by the arresting officer.
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ABLAPL NO.9732 OF 2015
21.8.2015. Heard learned counsel for the petitioner and learned Addl. Government Advocate for th
e State.
2. The petitioner is apprehending arrest for the alleged commission of offence under Section
s 363/366 of the I.P.C. in G.R. Case No.175/2015 of the court of learned J.M.F.C., G.Udayagiri
arising out of Chakapad P.S. Case No.23/2015.
3. It is apparent from the record that the statement of the victim girl was recorded under
Section 164 of the I.P.C. by the learned J.M.F.C., G.Udayagiri on 11.8.2015. In her statement
the victim stated that she was in love with the present petitioner and on 04.5.2015 she along
with Luna went to G.Udayagiri and spent a night in the house of one of his friends. On the ne
xt day they solemnized their marriage in a temple in presence of their friends and brothers.
Thereafter, they are leading a happy conjugal life. The informant is assessed to be 19 years o
ld at the time of giving deposition before the learned Magistrate.
4. Keeping in view the aforesaid consideration, nature of the allegations made and the fac
ts of the case, this Court is inclined to grant anticipatory bail to the petitioner. According
ly, the anticipatory bail application of the petitioner is allowed. On the event of his arrest
, he shall be released on bail by the arresting officer on such terms and conditions as deemed
just and proper by him in the aforesaid case.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Mishra, J
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in an offence under Sections 363/366 IPC.
Whether the facts of voluntary marriage with thevictim are relevant for anticipatory bail.
2 provisions across 1 enactments
The Petitioner
The State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court