The High Court quashed the proceedings in a kidnapping case after finding that the victim girl voluntarily went with the petitioner, was a major, and is pregnant. Bail was granted, and the petitioner was released on a bond.
Petitioner released on bail of Rs. 10,000/; proceedings in connected cases quashed.
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.75369 of 2018
Arising Out of PS. Case No.-70 Year-2018 Thana- WARISNAGAR District- Samastipur
======================================================
Shyam Babu Sahni @ Pintu Sahni son of Shri Ram Dayal Sahni, Resident of Village- Mogalanichak, Ward No. 11, P.S.- Warisnagar, District- Samastipur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prabhakar Kumar For the Opposite Party/s : Mr.Sri Rajkishore Singh ======================================================
CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
4 24-01-2019
Heard learned counsel for the petitioner, learned
counsel for the State and learned counsel appearing on behalf of the informant.
In pursuance to the order dated 15.01.2019, the InCharge of Remand Home, Gaighat, Patna, Officer-in-Charge of Alamganj Police Station, the Superintendent of Jail, Samastipur, as well as the informant have appeared in person and have produced the victim girl Surbhi Raj from the remand home and the petitioner from jail custody.
Petitioner is languishing in judicial custody since 03.07.2018 in connection with Warisnagar (Mathurapur O.P.) P.S. Case No. 70 of 2018, G.R. No. 593 of 2018 for the offences alleged under Section 363, 366(A) and 34 of the Indian Penal Code.
The prosecution case as lodged by the informant is
Patna High Court Cr.Misc. No.75369 of 2018(4) dt.24-01-2019 2/4
that his 15½ year daughter Surbhi Raj had gone to the temple and is traceless. It is alleged that one Bipin Kumar who used to take her to the tuition coaching had kidnapped her daughter.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and was in love affair with the victim girl who had gone out of her own sweet-will. It has also been submitted that there is no case of kidnapping against the petitioner as both are married and now the victim girl Surbhi Raj is pregnant. In this connection, victim girl Surbhi Raj and the petitioner were directed to be produced in chambers by order dated 15.01.2019.
After interaction with the victim girl and the petitioner, I have come to the conclusion that both had love affair and the victim girl had gone with the petitioner out of her own sweet-will. The Medical Board has assessed the age of the victim girl Surbhi Raj to be 17-18 years. From physical appearance also the victim has been found to be a major and eight months pregnant.
Considering the facts and circumstances and the materials on record as well as the nature of allegations and the materials which has come to fore, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten
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thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar (Mathurapur O.P.) P.S. Case No. 70 of 2018, G.R. No. 593 of 2018.
Considering the nature of allegations, the Medical Board assessing the age of the victim girl to be 17-18 years and that the matter does not involve any public policy, since the allegation is kidnapping the minor daughter of the informant and now both the petitioner and the daughter of the informant are husband and wife and the wife is eight months pregnant, under inherent powers under Section 482 of the Cr.P.C. to prevent abuse of process of the court and to secure the ends of justice, the entire proceedings relating to Warisnagar (Mathurapur O.P.) P.S. Case No. 70 of 2018, G.R. No. 593 of 2018 pending before the court of the learned Chief Judaical Magistrate, Samastipur stands quashed. This order will have effect after release of the petitioner from judicial custody.
Petitioner would be at liberty to approach the InCharge of Remand Home, Gaighat, Patna for release of his wife Surbhi Raj after his release from judicial custody.
The personal appearance of the In-Charge of Remand Home, Gaighat, Patna, Officer-in-Charge of Alamganj Police
Patna High Court Cr.Misc. No.75369 of 2018(4) dt.24-01-2019 4/4
Station and the Superintendent of Jail, Samastipur is dispensed
with.
Bail application is allowed accordingly.
(Nilu Agrawal, J)
devendra/-
U T
2 issues framed by the court
Whether the proceedings in a kidnapping case should be quashed when the victim girl左转 is major and consensual relationship exists.
Whether the petitioner can be released on bail after the quashing of the proceedings.
1 provisions across 1 enactments
Shyam Babu Sahni @ Pintu Sahni
The State Of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
