Patna High Court allowed anticipatory bail petitions filed by three individuals accused of offences under Sections 366A/34 IPC involving a victim of alleged minor age. Bail granted subject to bonds and sureties.
Petitioners allowed anticipatory bail to surrender within four weeks and be released on bail bonds of Rs. 10,000 each with two sureties.
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.
Patna High Court Cr.Misc. No.23645 of 2014 (5) dt.22-12-2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23645 of 2014 Arising Out of PS.Case No. -710 Year- 2013 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== 1. Sanny Kumar Son of Nagendra Sah Resident of Mohalla-Pokhara, P.S.Hajipur Town, District-Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar 2. Sanjay Singh, S/o- Sri Ram Pratap Singh .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21280 of 2014 Arising Out of PS.Case No. -710 Year- 2013 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== 1. Sujeet Kumar Son of Jagarnath Sah 2. Ajeet Kumar Son of Jagarnath Sah Both resident of Village- Sahu Colony near R.N.College, P.S Hajipur Town, District- Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.23645 of 2014) For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Uma Nath Mishra (App) (In Cr.Misc. No.21280 of 2014) For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sanjay Kumar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 5 22-12-2014 Two separate supplementary affidavits in connection with Cr. Misc. No. 23645 of 2014 and Cr. Misc. No. 21280 of 2014 respectively, are filed.
Patna High Court Cr.Misc. No.23645 of 2014 (5) dt.22-12-2014
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Heard learned counsel for the petitioners, learned counsel appearing for the informant as well as learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Hajipur Town P.S. Case No. 710 of 2013 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
Admittedly, the statement of victim has been recorded under Section 164 of the Cr.P.C. in which she, specifically, stated that she solemnized her marriage by her own sweet will with the petitioner in Cr. Misc. No. 23645 of 2014. The victim disclosed her age as 20 years at the time of recording her statement though the court assessed her age as 18 years.
Considering the aforesaid facts and circumstances as well as submissions of the parties, these anticipatory bail petitions are allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial
Patna High Court Cr.Misc. No.23645 of 2014 (5) dt.22-12-2014
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Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case No. 710 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners accused of offences under Sections 366A/34 IPC.
Whether the recorded statement of the victim under Section 164 CrPC affects the grant of bail.
3 provisions across 2 enactments
Sanny Kumar
Sujeet Kumar
Ajeet Kumar
The State of Bihar
Sanjay Singh
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
