The court considered an application for bail in a kidnapping and abduction case under Sections 366A and 363 IPC. The petitioner claimed false implication, while the prosecution supplied minor status to the victim. The prayer was rejected on merits.
Prayer for bail is rejected. Petitioner may renew prayer for bail after six months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39715 of 2017
Arising Out of PS.Case No. -173 Year- 2017 Thana -BEGUSARAI MUFFASIL District-
BEGUSARAI
====================================================== Md. Sahjad, S/o Md. Shamim, Resident of Village – Ramjanpur, P.S.Muffasil, District-Begusarai.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 21-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Begusarai (Muffasil) P.S. Case No. 173 of 2017 registered under Sections 366A and 363 of the Indian Penal Code.
The minor daughter of the informant is said to have been kidnapped by the petitioner with intention to perform marriage with her.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case. The victim in her statement recorded under Section 164 of the Code of Criminal procedure has not alleged any overt act against the petitioner. The petitioner has been languishing in custody since
Patna High Court Cr.Misc. No.39715 of 2017 (2) dt.21-08-2017
2/2
08.05.2017.
Learned APP opposing the prayer for bail submitted that the victim is a minor girl aged about 14 years. She was recovered from the house of the petitioner.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail after six months.
(Prakash Chandra Jaiswal, J)
Mishra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a case involving kidnapping for marriage under Sections 366A and 363 of the Indian Penal Code.
Whether the petitioner is falsely implicated when the victim has not alleged any overt act in her statement recorded under Section 164 CrPC.
2 provisions across 2 enactments
Md. Sahjad
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
