Writ petitioner challenged bail granted to the accused alleging kidnapping of a minor. The Court dismissed the application, finding the impugned order legal because the victim's statement under Section 164 Cr.P.C. indicated she was 19 years old, not a minor.
The application for cancellation of bail is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10823 of 2019
Arising Out of PS. Case No.-86 Year-2018 Thana- District- Madhubani
======================================================
Munni Devi wife of Late Parmeshwar Yadav resident of village Chanka P.O. Rayam P.S.Bhairav Asthan District Madhubani
... ... Petitioner/s
Versus
The State of Bihar and Ors
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Binoy Kumar Sinha 1 For the Opposite Party/s : Mr.Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 26-02-2019
This application has been filed for cancellation of bail granted to the Opposite Party No.2 by Addl. Sessions Judge VI, Madhubai, vide order dated 27.11.2019 passed in A.B.P.No.1981 of 2018.
Grounds for cancellation of the bail as per the learned counsel for the petitioner is that she was minor and she had been kidnapped by the O.P.no.2 and he has criminal antecedent also. In spite of that he has been granted bail by the learned Addl. Sessions Judge VI, Madhubani.
Heard learned APP and the learned counsel for the O.P.No.3.
From perusal of the impugned order it appears that statement of the girl recorded under Section 164 Cr.P.C. does not support the prosecution case and further in her statement
Patna High Court CR. MISC. No.10823 of 2019(2) dt.26-02-2019 2/2
recorded under Section 164 Cr.P.C. she has stated that she is aged about 19 years and further it appears from the impugned order that medical report also shows that the victim is aged about 19 years.
In such view of the matter, I find no illegality in the order granting bail to the O.P.no.2 as such this application is dismissed.
(Vinod Kumar Sinha, J)
chn/-
U T
1 issue framed by the court
Whether the order granting bail to the accused despite allegations of kidnapping and the victim's alleged minority was illegal given the victim's statement under Section 164 Cr.P.C. indicating she is
1 provisions across 1 enactments
Munni Devi wife of Late Parmeshwar Yadav
The State of Bihar and Ors
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
