Single judge order granting bail to the accused. The court observed the victim may be of major age based on medical certificate and her statement given due to parental pressure. Bail granted on Rs. 10,000 surety.
Petitioner enlarged on bail with a bond of Rs. 10,000/- and two sureties of like amounts.
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.38263 of 2017
Arising Out of PS.Case No. -50 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== Munna Kumar S/o Mosafir Bhagat, R/o Village-Mahuawa, P.S. Pipra, District-East Champaran. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 16-08-2017 Heard the learned counsel for the petitioner and APP for the State.
The petitioner seeks bail in connection with Pipra P.S. Case no. 50 of 2017 registered under Sections 366(A), 120-B/34 of the Indian Penal Code.
The petitioner is said to have kidnapped the minor daughter of the informant on the point of knife along with other accused persons in order to perform marriage with her.
It is submitted by the learned counsel for the petitioner that the victim is major as apparent from the Age Determination Certificate filed by the Medical Board, reporting her age about 18-19 years. The victim was in love of the petitioner and she had herself eloped with him and performed
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marriage at Arya Samaj Tigri Marriage Mandir and now under pressure of her parents, she has given statement otherwise under Section 164 of the Cr.P.C. The petitioner has filed the report of the Medical Board as well as the certificate of Arya Samaj Tigri Marriage Mandir in buttress of his submissions. The petitioner has been languishing in custody since 01.04.2017
Considering the facts and circumstances of the case, let above named petitioner, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case no. 50 of 2017.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case of kidnapping for marriage.
1 provisions across 1 enactments
Munna Kumar
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
