Allowed

Umesh Thakur and Anr. v. The State Of Bihar

Patna HC17 Dec 2018CR. MISC./71124/2018

Case brief

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What is this about?

In response to apprehension of arrest for kidnapping and abduction offences, a single-judge High Court granted provisional bail for two months, directing the lower court to verify the victim's voluntary consent before making bail absolute.

What did the court decide?

Provisional bail granted for two months with a condition to release on bail within four weeks upon verifying the victim's voluntary consent.

Umesh Thakur and Anr. Vs The State Of Bihar — Cheating and Forgery | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.71124 of 2018

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Arising Out of PS. Case No.-210 Year-2018 Thana- DHANARUA District- Patna

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======================================================

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1. Umesh Thakur Son of Bineshwar Thakur, 2. Dharmashila Devi, Wife of Umesh Thakur, Both resident of Rastra Nagar Radha, Police Station- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY

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ORAL ORDER

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2 17-12-2018 Heard counsel for the petitioners and counsel appearing on behalf of the State.

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The petitioners are apprehending arrest in connection with Dhanarua P.S. Case No. 210 of 2018 for offences under Sections 363/366 (A)/504/323 of the Indian Penal Code.

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Counsel for the petitioner submits that the girl is major and on her own volition, she accompanied the son of the petitioners and thereafter they have joined the wedlock. An affidavit to that effect has also been filed.

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Considering the aforesaid, the petitioners are granted provisional bail for a period of two months from today. Let the petitioners, above named, in the event of arrest or surrender

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Patna High Court Cr.Misc. No.71124 of 2018(2) dt.17-12-2018 2/2

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within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate,Masaurhi in connection with Dhanarua P.S. Case No. 210 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P. C.

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The Court below will summon the victim girl and on assessment of her age and on recording her statement that the victim has voluntarily joined the wedlock, the court below will make the provisional bail absolute.

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In the event the girl does not support the submissions advanced on behalf of the petitioners, the court below shall cancel the bail bonds of the petitioners after recording the statement of the victim girl.

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(Anil Kumar Upadhyay, J)

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spandey/-

Umesh Thakur and Anr. v. The State Of Bihar

Case brief

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Umesh Thakur and Anr. v. The State Of Bihar

Case brief

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What did the court decide?

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