Disposed
Md. Amanullah @ Raja v. The State Of Bihar
Patna HCCR. MISC./33233/2015
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COURT OF JUDICATURE AT PATNA Criminal…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33233 of 2015
Arising Out of PS.Case No. -49 Year- 2013 Thana -BABUBARHI District- MADHUBANI
====================================================== Md. Amanullah @ Raja Son of Md. Tahir Hassan .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 26-08-2015 Heard learned counsels for the petitioner and the
State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.
The accusation is of kidnapping the sister of the informant.
It is submitted by learned counsel for the petitioner that in 164 Cr.P.C. statement, the victim got her age recorded as 18 years when the learned court below assessed her age as 19 years whereas the medical board has opined her age about 17-18 years wherein she has stated that this petitioner purposed to marry her, the victim also wanted to marry him, as a result, she went in the company of this petitioner to Nepal and, from where
Patna High Court Cr.Misc. No.33233 of 2015 (2) dt.26-08-2015
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the victim returned of her own. It is further submitted by learned counsel for the petitioner that the victim has not alleged any misbehaviour and the medical board has also does not suggest any injury or sign of rape.
Considering the 164 Cr.P.C. statement of the victim that she of her own went in the company of the petitioner and non-misbehavior has been alleged, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Babubarhi P.S. Case No.49 of 2013, pending before the learned Chief Judicial Magistrate, Madhubani.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
3 issues framed by the court
Whether the petitioner is entitled to bail in a kidnapping prosecution.
Whether the victim's age discrepancy and voluntary return matter for bail relief.
Whether the High Court shall entertain or dispose of the bail application via lower court directions.
2 provisions across 2 enactments
Md. Amanullah @ Raja
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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