Patna High Court granted bail to Satyam Das accused under Sections 366A and 34 IPC for enticement, directing release upon furnishing a bond of Rs. 10,000 and two sureties with the same amount.
Petitioner directed to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15118 of 2018
Arising Out of PS.Case No. -104 Year- 2017 Thana -HULASGANJ District- JEHANABAD
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Satyam Das @ Karu Das, Son of Late Shyam Karan Das, resident of Village- Suhani Bigha @ Subhani Bigha, P.S. Hulasganj, DistrictJehanabad.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 20-03-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody, seeks bail in connection with Hulasganj P.S.Case No. 104 of 2017 registered under Sections 366A/34 of the Indian penal Code.
Allegation in brief is that petitioner along with others enticed away the minor daughter of the informant for the purpose of marriage.
It is contended that statement of the girl recorded under Section 164 Cr.P.C. reflects that she was not kidnapped by the petitioner rather she voluntarily left the house and went to Delhi and there she met the petitioner, who got her back and girl is major and as per Aadhar card, she is approximately 19 years of age.
Having considered the aforesaid facts and circumstances,
Patna High Court Cr.Misc. No.15118 of 2018 (2) dt.20-03-2018
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the petitioner, namely , Satyam Das @ Karu Das, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Jehanabad connection with Hulasganj P.S. Case No. 104 of 2017.
(Arun Kumar, J)
Sujit/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving enticement of a minor义务教育阶段for marriage alleging kidnapping under Sections 366A and 34 IPC.
Whether the alleged voluntary departure of the girl negates the presumption of kidnapping and justifies bail.
Satyam Das @ Karu Das
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
