The Court granted anticipatory bail to the petitioner, who faced charges of abduction for marriage. The granting was based on the victim's self-stated love affair and an age assessment of 17-19 years.
Anticipatory bail granted for a period of four weeks, subject to a bond of Rs. 10,000 with two sureties.
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. 52587 of 2019
Arising Out of PS. Case No.-116 Year-2019 Thana- RAMNAGAR District- West Champaran
======================================================
PRADEEP RAI Son of Indradev Rai Resident of Village- Sigari Bigari, Bahuari, Ward No. 5, P.S.- Ramnagar, District- West Champaran (Bettiah).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Lokesh Kumar Singh For the Opposite Party/s : Mr.Arun Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 23-08-2019 The petitioner apprehends his arrest in connection with Ram Nagar P.S.Case No. 116 of 2019 registered under Sections 365, 366A and 506/34 of the Indian Penal Code.
Allegation against the petitioner is that petitioner along with others abducted the minor niece of the informant namely Anjali Kumari for the purpose of marriage.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due ulterior motive. He submits that there was love affair between the informant's niece and the petitioner and she had voluntarily left her house and had gone with the petitioner. He submits that victim girl is major inasmuch as the doctor has assessed her age about 17-19 years. He further submits that victim girl has been recovered and recorded her statement under Section 164 Cr.P.C. in which she
Patna High Court CR. MISC. No. 52587 of 2019(2) dt.23-08-2019 2/2
has stated that she was having love affairs with the petitioner for the last four years.
After having heard learned counsel for the parties and taking into consideration the fact that petitioner as well as the victim girl was having love affair and in her statement she has not stated anything against the petitioner and the doctor has assessed the age of victim girl in between 17-19 years, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, 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, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Bagaha, West Champaran (Bettiah) in connection with Ramnagar P.S.Case No. 116 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
sujit/-
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner accused of abduction for marriage under Sections 365, 366A and 506/34 IPC given the victim's age assessment and statement.
1 provisions across 1 enactments
Pradeep Rai
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
