High Court at Patna refused bail to the petitioner charged under IPC Sections 363, 366A, 504, 506/34 for kidnapping a minor girl. The court rejected the prayer despite reliance on victim's statement under CrPC Section 164 and medical opinion confirming minority.
Prayer for bail 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 62864 of 2017
Arising Out of PS.Case No. -496 Year- 2017 Thana -ARARIA District- ARRARIA
======================================================
Md Hasan, son of Md Mozib, Resident of Village – Hayatpur, Tola Chakardah, Police Station Araria (RS), District - Araria
.... .... Petitioner/s
Versus .... .... Opposite Party/s
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr Md Naushad Uzzoha, Advocate For the S t a t e : Mr Ajit Kumar, APP
====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL ORDER
4 22-02-2018 Heard counsel for the petitioner, informant and the
State.
Petitioner seeks bail in a case registered under Sections 363, 366A, 504, 506/34 of Indian Penal Code.
Allegation is in respect of kidnapping of a minor girl.
Counsel for the petitioner relies upon statement of the victim recorded under Section 164 of Criminal Procedure Code. Even as per the said statement, the said girl is below majority. Medical opinion is also to the same effect.
Considering the aforesaid submissions and the nature
of the allegations, petitioner’s prayer for bail is rejected.
(Madhuresh Prasad, J)
M.E.H. /-
U T
2 issues framed by the court
Whether bail should be granted to the accused charged with kidnapping of a minor.
Whether medical opinion regarding the victim's minority is relevant for bail consideration.
2 provisions across 2 enactments
Md Hasan
The State of Bihar
MADHURESH PRASAD
M.E.H.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
