In this bail application, the Patna High Court granted release to the petitioner charged with kidnapping, noting that the victim lived with him for months without objection.
Enlargement on bail on furnishing bond of Rs. 10,000 with two sureties of like amount.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41050 of 2014
Arising Out of PS.Case No. -45 Year- 2013 Thana -ARER District- MADHUBANI
======================================================
1. Ranjay Ram S/o Gulai Ram, Resident of Paraul, P.S. - Arer. District -
Madhubani
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate.
For the Opposite Party/s : Mr. Bharat Lal (App)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
2 07-11-2014 Heard both sides.
The petitioner Ranjay Ram seeks bail in Arer P.S.
Case No. 45 of 2013, registered for the offences punishable under
Sections 363, 366A and 504 of the Indian Penal Code.
Lalan Jha the informant made allegation that his
youngest son fell ill and thereafter the petitioner took his wife and
son on the pretext of treatment but the petitioner has kidnapped his
wife and son.
Learned counsel for the petitioner submits that from
perusal of the statement of the victim itself, it would appear that
the victim is a consenting party and she voluntarily left her house
with the petitioner and went to Mumbai and lived with him for
many months, but she did not make any hue and cry during that
Patna High Court Cr.Misc. No.41050 of 2014 (2) dt.07-11-2014
2
period.
Learned APP, however, opposed the prayer for bail of the petitioner.
There appears that the wife of the informant is a major and she left her house along with the petitioner. Of course, she disclosed that she was intoxicated but there appears that she lived with the petitioner for many months in Mumbai and she did not raise any objection during her journey and stay with the petitioner.
Having considered the facts aforesaid and nature of allegation made against the petitioner, the petitioner, namely, Ranjay Ram is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Arer P.S. Case No. 45 of 2013.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
3 issues framed by the court
Whether to grant bail to the accused Ranjay Ram charged with kidnapping and abduction.
Whether the victim's voluntary stay with the accused negates the gravity of the offence.
Whether the informant's opposition to bail should outweigh the evidence of consent.
1 provisions across 1 enactments
Ranjay Ram
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
