Court granted bail to petitioner accused of enticement and kidnapping for marriage under Section 366A IPC, noting victim's marriage and informant's retraction from FIR statement.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38370 of 2019
Arising Out of PS. Case No.-160 Year-2018 Thana- NAVINAGAR District- Aurangabad
======================================================
Alok Ram Son of Munarik Ram Resident of Village - Tendua Habat, P.S.Narari Kala Khurd, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Kamlendra Pd. Singh For the Opposite Party/s : Mr.Jitendra Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Section 366A of the Indian Penal Code.
Allegation against the petitioner is of enticing and kidnapping the minor daughter of the informant with intent to marry her.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-09-2018. Charge sheet has already been submitted. The victim has already solemnized marriage with the petitioner. The present case was instituted due to mistake of fact. From perusal of page 16 & 17 of the application, it is evident that the informant has retracted
Patna High Court CR. MISC. No.38370 of 2019(2) dt.25-06-2019 2/2
from his earlier statement made in the FIR. Further informant has admitted that the victim has been married to this petitioner. Hence he does not want to pursue the present case.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Aurangabad in connection with Nabinagar P.S. Case No. 160 of 2018.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in a case under Section 366A IPC where the victim has married the accused and the informant has retracted the case.
1 provisions across 1 enactments
Alok Ram
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
