The Single Judge granted anticipatory bail to the petitioner mother and grandfather in a child abduction case, noting the surrender of the victim and delay in FIR registration. Bail was granted with conditions.
Petitioners to be released on bail bond of Rs. 10,000/- each with two sureties of the like amount each upon surrender or arrest.
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.35649 of 2019
Arising Out of PS. Case No.-64 Year-2018 Thana- SURSAND District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shankar Kumar For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
The petitioners apprehend their arrest in connection with Sursand P.S.Case No. 64 of 2018 registered under Sections 363 and 366A/34 of the Indian penal Code.
Allegation against the petitioners is that they abducted the minor daughter of the informant when she was coming from market to her residence.
Submission of learned counsel for the petitioners is that petitioners are innocent and petitioner no. 1 is mother and petitioner no. 2 is grand-father of Md. Tanveer with whom victim girl had friendship. He further submits that incident had taken place on 28.03.2018 but the FIR has been lodged after much delay on 02.04.2018 and there is no specific allegation against these petitioners. The victim girl has been recovered by
Patna High Court CR. MISC. No.35649 of 2019(2) dt.10-06-2019 2/2
the police and was produced before the Magistrate, who recorded her statement under Section 164 Cr.P.C. in which she has specifically stated that she had voluntarily gone to her Bua’s house and she has not taken the names of the petitioners and has stated that nobody had abducted her.
Learned counsel for the State opposes the prayer for anticipatory bail of the petitioners.
After having heard the rival submissions of learned counsel for the parties and perusal of FIR and the statement of the victim girl recorded under Section 164 Cr.P.C., I am satisfied that petitioners deserve privilege of anticipatory bail. Accordingly, petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned SDJM, Pupri at Sitamarhi in connection with Sursand P.S. Case No. 64 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
sujit/-
U T
3 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the instant FIR.
Whether the significant delay in lodging the FIR makes their petition worthy of anticipation bail.
Whether the victim's statement under Section 164 Cr.P.C. supports the claim of voluntary movement.
3 provisions across 2 enactments
Saraful Khatoon and Md. Shekh Kaum
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
