Single judge order granting bail to the petitioner in an kidnapping and abduction case where the victim turned 18 and claimed voluntary departure and marriage.
Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount to the S.D.J.M., Bettiah.
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.82818 of 2019
Arising Out of PS. Case No.-26 Year-2019 Thana- SAHODARA District- West Champaran
======================================================
Imran Alam, Son of Haphij Miyan, Resident of Village - Kanta Tola, P.S.Sahodara, Distt - West Champaran.
... ... Petitioner
Versus
THE STATE OF BIHAR
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Brajendra Nath Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 13-12-2019 Heard both sides.
The petitioner seeks bail in connection with Sahodara P.S. Case No.26 of 2019, registered for the offence under Sections 366, 366(A) of the Indian Penal Code.
The informant alleged that the petitioner kidnapped his minor girl.
Learned counsel for the petitioner submits that the victim returned and her statement was recorded under Section 164 of the Code of Criminal Procedure. The victim disclosed her age to be 18 years. She disclosed that she had left her house on her own volition and solemnized marriage with the petitioner voluntarily but her father filed the present case making false accusation.
Taking into consideration the fact that victim
Patna High Court CR. MISC. No.82818 of 2019(2) dt.13-12-2019 2/2
disclosed her age to be 18 years and she herself denied the factum of her kidnapping and she said that she voluntarily left her house and solemnized marriage with the petitioner voluntarily, petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah, West Champaran in connection with Sahodara P.S. Case No.26 of 2019.
(Prabhat Kumar Jha, J.)
nawalkrs/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail given the victim's disclosure of her age and voluntary actions.
1 provisions across 1 enactments
Imran Alam
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
