The Patna High Court granted bail to the petitioner in a kidnapping case under Section 366A IPC. The court relied on medical evidence showing the victim was an adult and her statement failing to implicate the petitioner.
Directed release on bail on execution of bond of Rs. 10,000/- 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.34993 of 2014 (2) dt.24-09-2014
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34993 of 2014
| Arising Out of PS.Case No. -21 Year- 2014 Thana -CHAUSA District- MADHEPURA ====================================================== |
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| Arvind Kumar Sahni @ Arvind Kumar @ Arbindra Kumar Sahni son of late Bucho Sahni, resident of village- Bhawanipur, Police Station- Bhawanipur, District- Purnea .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Gajendra Pd. Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER |
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| 2. | 24-09-2014. Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Chausa P.S.Case No.21 of 2014 registered for the offences punishable under Section 366A/34 of the Indian Penal Code. Allegedly, the petitioner, with the help of three associates, kidnapped the sister of the informant. Earlier also, he used to call on mobile and further the petitioner informed the informant that he will release the victim, if no case will be filed. Submission at the bar for release of the petitioner is that from the medical evidence, the age of the victim girl comes as 18 years and her statement has also been recorded under Section 164 Cr. P.C. wherein she has stated that she had gone along with the petitioner, who has not committed any wrong with her and as such, the petitioner who is suffering in custody since 24.5.2014, deserves bail to which learned APP opposes. |
Patna High Court Cr.Misc. No.34993 of 2014 (2) dt.24-09-2014
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In the facts and circumstances, as stated above, considering that the victim girl in her statement has not stated anything against the petitioner and as her age has been assessed by the doctor between 16-18 years, the petitioner, Arvind Kumar Sahni alias Arvind Kumar alias Arbindra Kumar Sahni is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Madhepura in connection with Chausa P.S. Case No.21 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason, shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J.)
ahk/-
U T
1 issue framed by the court
Whether the petitioner deserves bail in connection with offences under Section 366A of the Indian Penal Code when medical evidence indicates the victim was 18 years old and her statement did not alleg
1 provisions across 1 enactments
Arvind Kumar Sahni @ Arvind Kumar @ Arbindra Kumar
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
