Petitioner, already in custody, sought bail in a case alleging enticement of a minor. The court rejected the application due to specific allegations and the girl not being recovered, noting the informant’s absence in court despite notice.
Prayer for bail of the petitioner rejected.
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.38039 of 2017
Arising Out of PS.Case No. -12 Year- 2017 Thana -AURAI District- MUZAFFARPUR
====================================================== Purushottam Kumar son of Chhedi Bhandari Resident of Village- Panapur, P.S.- Aurai, District- Muzaffarpur.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumari Sujata Sinha For the Opposite Party/s : Mr. Sri Kanhaiya Kishore
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
7 16-01-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody, seeks bail in connection with Aurai P.S.Case No. 12 of 2017 registered under Sections 364 and 120B/34 of the Indian penal Code.
Allegation in brief is that petitioner enticed away minor daughter of the informant.
Learned counsel for the petitioner submits that a petition was filed by the informant in the court below that girl came back after the incidence and he got her married in a temple and despite service of notice by this Court, he is not appearing.
Learned A.P.P. submits that case has been investigated and charge sheet has been submitted but the girl is still traceless and there is direct allegation against the petitioner.
Having considered the aforesaid facts and circumstances of
Patna High Court Cr.Misc. No.38039 of 2017 (7) dt.16-01-2018
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the case, especially specific allegation against the petitioner and the girl still not recovered, so the prayer for bail of the petitioner is rejected.
(Arun Kumar, J)
Sujit/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner already in custody accused of enticement of a minor.
Whether the recovery of the girl and her marriage affect the bail application.
1 provisions across 1 enactments
Purushottam Kumar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
