The High Court granted bail to the appellant in a case involving allegations of kidnapping and offences under the SC ST Act, noting the weak foundation of SC ST Act charges and the victim's statement corroborating voluntary marriage.
Release on bail with bonds of Rs. 10,000/- each from petitioner and two sureties subject to Section 438(2) CrPC conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No 44821 of 2012
====================================================== Chandan Dubey, son of late Umakant Dubey, resident of village – Ghogha, PS – Ghogha (Kahalgaon), District - Bhagalpur .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HON’BLE MR JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 2 17-12-2012 The petitioner apprehends arrest in Kahalgaon (Ghogha Outpost) Police Station Case No 252 of 2011 instituted under Sections 366A/34 of Indian Penal Code and Section 3 (xii) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities Act) (SC ST Act). Learned counsel for the petitioner draws attention of this Court to the first information report to show that there is absolutely no allegation constituting an offence under the SC ST Act. He is correct. He submits that it has been mala fide inserted to make the offence non-bailable. He further submits that the allegation has been falsely levelled by the informant, the father of the victim girl. Victim girl falsifies the entire prosecution case by her own statement under Section 164 of Criminal Procedure Code where she clearly states that she has married the petitioner out of her own will and is living in her sasural where she wants to live with her husband, the petitioner. She has stated that she had not been kidnapped and she is not a minor.
Patna High Court Cr.Misc. No.44821 of 2012 (2) dt.17-12-2012
2
Be that as it may, the petitioner abovenamed, in the event of his arrest or surrender, is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Kahalgaon (Ghogha Outpost) Police Station Case No 252 of 2011 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.
M.E.H. /- (Navaniti Prasad Singh)
3 issues framed by the court
Whether to grant regular bail to the petitioner in a case alleging kidnapping and aggravated offence under SC ST Act.
Whether the allegation under the SC ST Act was malignantly inserted to make the offence non-bailable.
Whether the victim's statement supports the defence that she willingly married the petitioner and is not a minor.
4 provisions across 3 enactments
Chandan Dubey
The State Of Bihar
Navaniti Prasad Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
