The High Court of Patna granted anticipatory bail to the petitioner, Saurabh Kumar, in an FIR alleging enticement of a minor girl for marriage under IPC Sections 366 and 34.
Petitioner released on bail on Rs. 10,000 bond with two sureties on similar terms if he surrenders or is arrested.
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.63061 of 2019
Arising Out of PS. Case No.-95 Year-2018 Thana- CHANDRADIP District- Jamui
======================================================
SAURABH KUMAR Son of Late Kamleshwari Prasad Resident of Village - Chuna Kothi, P.S.- haweli Kharagpur, Dist.- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha For the Opposite Party/s : Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 21-10-2019
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Chandradeep P.S. Case no. 95 of 2018, registered under Section 366/34 of the Indian Penal Code.
The accusation is that in the evening of 02.09.2018, Rahul Kumar and Saurabh Kumar (Petitioner) came at the house of informant and returned after taking meal. Thereafter, minor daughter of the informant went to Aliganj market, but she did not return. The informant raised suspicion against the petitioner and Rahul Kumar to entice away for the purpose of marriage.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner has falsely been
Patna High Court CR. MISC. No.63061 of 2019(2) dt.21-10-2019 2/2
implicated in this case mere on suspicion. Further submission is that, in fact, daughter of informant, who is aged about 18 years moved from the house with one Sachin Kumar and performed marriage at Delhi and she has not stated the name of petitioner in any manner in her moving from her house. The petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M-1st, Jamui in connection with Chandradip P.S. Case No. 95 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
manish/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail against the apprehension of arrest in connection with the FIR under Sections 366 and 34 of the IPC.
1 provisions across 1 enactments
Saurabh Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
