A single-judge oral order in a criminal bail petition. The court noted the victim's statement under Section 164 Cr.P.C. clarified she went voluntarily for Fatuha, not to marry or be sexually assaulted, which fact influenced the bail grant.
Petitioner released on bail via Rs.10,000 bond with two sureties of equal amount to S.K. Roy.
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.32639 of 2014 (2) dt.24-09-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32639 of 2014
Arising Out of PS.Case No. -115 Year- 2014 Thana -CHANDI District- NALANDA
(BIHARSHARIFF)
======================================================
Shankar Kumar
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha
For the Opposite Party/s : Mr. Ajay Kr.Jha(App)
======================================================
CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA
ORAL ORDER
2 24-09-2014 Heard.
The allegation was that the petitioner had enticed or
taken away the victim for the purposed of getting married to her
or subjecting her sexual intercourse. The victim was recovered on
the very day of the occurrence and her statement was recorded by
a Judicial Magistrate under Section 164 Cr.P.C. in which she did
not allege that she had been taken away for being subjected to
sexual intercourse or being married to any person rather she stated
that she had herself gone with the accused to make around of
Fatuha.
Regard being had to the facts and circumstances of the
case, let the above named petitioner be released on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) with two
sureties of the like amount each to the satisfaction of Sri S.K.Roy,
Patna High Court Cr.Misc. No.32639 of 2014 (2) dt.24-09-2014
Judicial Magistrate, Ist Class, Hilsa, Nalanda in Chandi P.S.Case
No.115 of 2014.
(Dharnidhar Jha, J)
B.Kr./-
U T
1 issue framed by the court
Whether the petitioner should be released on bail.
1 provisions across 1 enactments
Shankar Kumar
The State of Bihar
DHARNIDHAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
