An oral order granting anticipatory bail to a petitioner charged with kidnapping and enticement under IPC 363, 366A. The court noted that both parties eloped, got married, and the girl was likely a major at the time.
Released on bail with a bond of Rs.10,000 and two sureties of the like amount each.
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.29647 of 2017
Arising Out of PS.Case No. -35 Year- 2016 Thana -PURANHIA District- SHEOHAR
====================================================== Dinesh Ram S/o Nagemndra Ram Resident of Village-Mirjapur P.S.Sitamarhi District-Sitamarhi.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
3 17-07-2017 Heard learned counsel for the petitioner and the State.
Petitioner apprehends his arrest in connection with a case registered under Sections 363, 366A, 34 of the Indian Penal Code.
Allegation in brief is that the petitioner enticed away minor daughter of the informant. She had also taken away Rs.50,000/- cash from the house.
It is submitted that both eloped and got married which is evident from the statement of the girl recorded under Section 164 of the Cr.P.c. and both are now married and living together. The medical report has opined her age 15-17 years. In fact, she is a major girl.
Having considered the said facts and circumstances,
Patna High Court Cr.Misc. No.29647 of 2017 (3) dt.17-07-2017
2/2
in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner, namely, Dinesh Ram be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sheohar, District Sheohar in connection with Purnahiya P.S. Case No.35 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Arun Kumar, J)
N.H./-
U T
2 issues framed by the court
Whether the petitioner is eligible for anticipatory bail in a case alleging enticement of a minor.
Whether the fact of elopement and marriage of the victims affects the grant of bail.
1 provisions across 1 enactments
Dinesh Ram
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
