The Patna High Court refused bail to the petitioner in a case of kidnapping for marriage and alleged rape, citing the severity of the allegations and the victim's statement that she was drugged and raped.
Bail application rejected; prayer for bail dismissed.
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.54181 of 2017
Arising Out of PS.Case No. -327 Year- 2017 Thana -SUPAUL District- SUPAUL
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
The petitioner seeks bail in connection with Supaul P.S. Case No. 327/2017 dated 13.06.2017 instituted for the offences
under Sections 366A and 363/34 of the Indian Penal Code.
The petitioner along with three others is alleged to have
taken away the minor daughter of the informant for the purposes of marrying her.
Learned counsel for the petitioner has brought on record a marriage deed/agreement which indicates that the victim as well as the petitioner had voluntarily desired to marry each other.
However, the victim on her release has given a different story. She has submitted that while she had come out on road, her
Patna High Court Cr.Misc. No.54181 of 2017 (3) dt.05-01-2018
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aunt and sister, viz. Tara Devi and Punita Devi respectively gave her a glass of water, after consuming which, she became unconscious. When she regained her consciousness, she found herself in the company of the petitioner. When she disclosed that she wants to stay with her mother, the petitioner is said to have told her that her parents would be killed and thereafter she was taken to Delhi. The Victim has categorically stated in her statement, made under Section 164 of the Cr.P.C., that she was several times raped by the petitioner.
Considering the allegation levelled against the petitioner, this Court is not inclined to grant bail to him for the present.
The prayer for bail of the petitioner is rejected.
(Ashutosh Kumar, J.)
Rakhi
U T
1 issue framed by the court
Whether to grant bail in a bail application under Sections 366A and 363/34 of the IPC.
Sunil Poddar
The State of Bihar
Anita Devi
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
