The Patna High Court granted bail to the petitioner, who was accused of abetting marriage and cheating. The court noted the girl left her parental home willingly for a love marriage.
Directing the petitioner to be released on bail by furnishing a 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.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24470 of 2017
Arising Out of PS.Case No. -232 Year- 2016 Thana -MANIGACHI District- DARBHANGA
====================================================== Raushan Kumar Sharma @ Raushan Kumar, S/o Dileep Sharma, Resident of Village- Jagdishpur, P.S.- Manigachhi (Nehara O.P.) DistrictDarbhanga.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -----------
3 19-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Manigachhi (Nehara O.P.) P.S. Case No.232 of 2016 registered under Sections 363, 366(A) and 506/34 of the Indian Penal Code.
The accusation is that the niece of the informant was traceless since the night of 15.12.2016. When the informant tried to search his niece, he came to know that this petitioner with the help of his family members, named in the F.I.R., enticed away his niece to perform the marriage with her.
Learned counsel appearing on behalf of the petitioner submits that, in fact, the niece of the informant left her parental
Patna High Court Cr.Misc. No.24470 of 2017 (3) dt.19-07-2017 2/2
house according to her own sweet will due to love affair with the petitioner and performed the marriage with him and also stayed with the petitioner about 2 years. The victim, the niece of the informant, in her statement, as recorded under Section 161 of the Code of Criminal Procedure by the Investigating Officer, has also stated this fact. The petitioner is in custody since 28.12.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Laheria Sarai, Darbhanga, in connection with Manigachhi (Nehara O.P.) P.S. Case No.232 of 2016.
(Rajendra Kumar Mishra, J)
P.S./-
U T
1 issue framed by the court
Whether the petitioner is entitled to be released on bail after the charge sheet is yet to be filed.
1 provisions across 1 enactments
Raushan Kumar Sharma
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
