Allowed

Rajiv Kumar @ Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar

Patna HC17 Jul 2014CR. MISC./10063/2014

Case brief

AI extract

What is this about?

In a bail application under Sections 366/34 IPC, the Court, considering the nature of the case as a love affair and the petitioner's clean antecedents, allowed bail with sureties and bond.

What did the court decide?

Released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur.

Rajiv Kumar @ Raj Kumar @ Raj Kumar Yadav Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.10063 of 2014 Arising Out of PS.Case No. -121 Year- 2013 Thana -PARBATTA District- BHAGALPUR ====================================================== Rajiv Kumar @ Raj Kumar @ Raj Kumar Yadav, son of late Chote Lal Yadav, resident of Vill. Jagatpur, P.S. Parbatta, Distt. Bhagalpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr.

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======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL ORDER

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4 17-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in Parbatta P.S. Case No. 121 of 2013 dated 16.09.2013 instituted under Sections 366/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that though the allegation in the F.I.R. is of abducting the daughter of the informant but the same is incorrect since it is a case of love affair and the girl had herself gone with him. It is submitted that from the statement of the girl recorded under Section 164 of the Code of Criminal Procedure, 1973 it is clear that she has said that

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Patna High Court Cr.Misc. No.10063 of 2014 (4) dt.17-07-2014

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the petitioner wanted to marry her and it is further stated that she refused because the petitioner was married from before. Learned counsel submits that she has also stated that her signature was forcibly taken and that she was kept in the house of relation of the petitioner and then it is said that the family members of the petitioner had taken her to the police station. It is submitted that the whole episode was out of consent as the F.I.R. itself was lodged after four days and bona fide of the petitioner and his family is obvious from the fact that when coming to know of lodging of the F.I.R. they themselves had taken her to the police station. It is further submitted that the age of the girl has been ascertained to be over 18 years and that the petitioner having clean antecedent is in custody since 17.12.2013.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in Parbatta P.S. Case No. 121 of 2013.

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(Ahsanuddin Amanullah, J.)

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Anjani/U T

Rajiv Kumar @ Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Rajiv Kumar @ Raj Kumar @ Raj Kumar Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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