Allowed

Birendra Kumar and Ors. v. The State Of Bihar

Patna HC1 Oct 2013CR. MISC./5751/2013

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to three petitioners facing charges under Sections 366/34 IPC for abduction. The court relied on the victim's age inconsistency, informant's retraction, and absence of injury in the medical report to order release within 12 weeks upon surrender.

What did the court decide?

Ordered petitioners released on anticipatory bail within 12 weeks by furnishing a bond of Rs. 10,000 with two sureties.

Birendra Kumar and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.5751 of 2013

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====================================================== 1. Birendra Kumar son of Kusho Das 2. Kusho Das son of Late Paltan Das 3. Tejo Das son of Late Paltan Das .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 01-10-2013 Heard learned counsels for the petitioners and the State. Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366/34 of the I.P.C.

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Accusation is of abducting the daughter of the informant.

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The victim in her 164 Cr.P.C. statement got her age recorded as 16 years where learned Court below assessed her age as 18 years when the medical report assessed the age of the victim between 16-17 years. Though the victim in her 164 Cr.P.C. statement has alleged the accusation against the petitioners also but thrust of accusation is against Dhirendra when petitioners happen to be the father, uncle and brother of Dhirendra.

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It is submitted by learned counsel for the petitioners that on the date of recovery on 09.04.2013 the victim filed a petition before learned Court below that she of her

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Patna High Court Cr.Misc. No.5751 of 2013 (3) dt.01-10-2013

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2 / 2

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own went in the maternal grand-father house and subsequently the informant has also retracted from the initial version and has filed a petition to that effect before learned Court below when the medical report does not reflect any injury, particularly sign of rape.

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A statement has been made in para 13 of the petition that petitioners have no criminal antecedent.

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Considering the inconsistent stand of the victim, retracted version of the informant and the medical opinion not corroborating the accusation, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 60 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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Shageer/-

Birendra Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Birendra Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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