Single judge of the Patna High Court granted regular bail to the petitioner apprehending arrest for offences under Section 366A/34 IPC involving minor kidnapping, subjecting the petitioner to an order to surrender within six weeks.
Regular bail granted, conditionally upon surrender within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40578 of 2012 ====================================================== |
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Dinesh Singh S/O Satya Narayan Singh R/O Village - Sultanpur, P.S. Baghaila, District–Rohtas. |
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| .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== |
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| CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER |
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| 2 | 23-11-2012Heard learned counsels for the petitioner |
and the State. |
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The petitioner is apprehending his arrest in |
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a case registered for the offences punishable under |
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Section 366A/34 of the Indian Penal Code. |
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The accusation is of kidnapping the minor |
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daughter of the informant. |
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It is submitted that in 164 Cr. P.C. |
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statement, the victim has stated that she of her own |
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married with this petitioner where she alleged her |
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age 19 years when the court assessed 16 years. The |
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medical opinion assessed the age of the victim |
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between 15-16 years. |
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Considering 164 Cr. P.C. statement of the |
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victim, it is a fit case for consideration of |
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regular bail if the petitioner surrenders within a |
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period of six weeks from the date of receipt of copy |
Patna High Court Cr.Misc. No.40578 of 2012 (2) dt.23-11-2012
2 / 2
of this order in connection with Baghaila P.S. Case
No. 05 of 2012 pending in the court of the learned
C.J.M. Rohtas at Sasaram.
With this observation, the application is
disposed off.
Let the order be faxed to the learned court
below at the cost of the petitioner.
U.K./-
(Dinesh Kumar Singh, J)
3 issues framed by the court
Whether regular bail should be granted to the petitioner apprehending arrest in a kidnapping case conditioned on surrender.
Whether the victim's age assessment affects the fitness of the case for bail.
Whether the case constitutes a fit case for bail if the petitioner surrenders within six weeks.
1 provisions across 1 enactments
Dinesh Singh
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court