Petitioner sought bail in a kidnapping case under Sections 366A/504/506/120 IPC. Court directed lower court to consider regular bail if petitioner surrenders within six weeks.
Prayer for regular bail left to be considered by learned Court below if petitioner surrenders within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37571 of 2015
Arising Out of PS.Case No. -111 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Shambhu Sahani S/o - Faguni Sahani .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan, Advocate For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
4 07-10-2015 Heard learned counsels for the petitioner and the
State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366A/504/506/120 of the Indian Penal Code.
Accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement the victim got her age recorded as 15 years when the learned court below also assessed as such whereas the victim was found between 18-19 years of age as per the medical assessment. In 164 Cr.P.C. the victim has stated that she was being kidnapped by this petitioner and coaccused Nagendra Sahni, who ravished her.
It is submitted by learned counsel for the petitioner that in fact it is a matter of love affair and the medical report
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does not suggest any sexual assault. Moreover, accusation of ravishing the informant is against co-accused Nagendra Sahani and the petitioner has been roped in the present case since he is brother of co-accused Nagendra Sahni. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
The aforesaid facts constitute ground 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 Motihari Muffasil P.S. Case No.111 of 2014, pending before the learned SDJM, Motihari, East Champaran.
With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
2 issues framed by the court
Whether the petitioner is entitled to regular bail while admitting to surrender within six weeks.
Whether the discrepancy in age assessment affects the bail application.
2 provisions across 2 enactments
Shambhu Sahani
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
