Allowed

Chandrama Sharma v. The State Of Bihar

Patna HC7 Jul 2014CR. MISC./10179/2014

Case brief

AI extract

What is this about?

This oral order grants bail to the petitioner in a kidnapping case under Section 366A IPC. The court noted allegations of a love marriage and discrepancies in the girl's statements regarding the nature of the relationship and the timeliness of the FIR.

What did the court decide?

The petitioner shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each.

Chandrama Sharma Vs The State Of Bihar — Pension and Retirement Benefits | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Miscellaneous No. 10179 of 2014

¶3

Arising Out of PS.Case No. -65 Year- 2013 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Chandrama Sharma S/o Ajay Sharma, resident of Village-Dharahara, P.S.Darihat, District-Rohtas. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 4 07-07-2014 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks bail in Darihat P.S. Case No. 65 of 2013 dated 01.12.2013 instituted for offence punishable under Sections 366A of the Indian Penal Code.

¶4

Learned counsel for the petitioner submits that though the petitioner is accused of kidnapping the daughter of the informant but it is a case of love affairs where the girl had herself gone with the petitioner and also married him. Learned counsel submits that even in the F.I.R. it is stated that she had gone missing on 24.11.2013 and only on 01.12.2013 the F.I.R. has been lodged i.e., after delay of one week. Learned counsel submits that the girl was brought back accompanied by the mother of the petitioner. Learned counsel draws the attention of the Court to the medical report in which it has been opined that it was difficult to say whether

¶5

Patna High Court Cr.Misc. No.10179 of 2014 (4) dt.07-07-2014

¶6

2/3

¶7

there was recent intercourse. Learned counsel submits that before the Doctor the girl has stated that since last two years she had physical relationship with the petitioner and that she had left her house on 25.10.2013 with the permission of her parents and had married the petitioner and they were living together. Learned counsel submits that though in the statement under Section 164 of the Code of Criminal Procedure, 1973, she has stated that she was forcibly taken by the petitioner but the same has been recorded only on 3.1.2014 that is after 18 days of her return and that too when she was in the company of her parents. Learned counsel submits that in such statement also it is alleged that the parents of the petitioner also forced her to get married to the petitioner which apparently appears to be false and unbelievable since the parents could not have taken part in something which the girl herself was not willing to do. Learned counsel submits that the petitioner has got clean antecedent and is in custody since 19.12.2013.

¶8

Learned A.P.P. upon going through the case diary does not dispute the fact that the girl had stated before the Doctor that she had married the petitioner and gone with him willingly and that the Doctor had also opined that it was difficult to say whether there was any recent intercourse.

¶9

Considering the facts and circumstances of the case and submissions of learned counsels for the parties, let

¶10

Patna High Court Cr.Misc. No.10179 of 2014 (4) dt.07-07-2014

¶11

3/3

¶12

the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Dehri, District-Rohtas in Darihat P.S. Case No. 65 of 2013.

¶13

(Ahsanuddin Amanullah, J.)

¶14

P. Kumar
U

Chandrama Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Chandrama Sharma v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gopal Sao @ Gopal Sah @ Gopal Kumar Sah Vs The State Of Bihar

Supan Kumar Rai Vs The State Of Bihar

Akhilesh Mandal @ Akhilesh Kumar Mandal Vs The State Of Bihar

Ajay Yadav @ Ajay Rai @ Ajay Gope Vs The State Of Bihar

Md. Sajjad Akhtar Vs The State Of Bihar

Upendra Sahani Vs The State Of Bihar