Single-judge bench granted anticipatory bail to the petitioner in a criminal case involving abduction charges under IPC 366-A/34, noting the victim's stated age and voluntariness of marriage.
Petitioner granted anticipatory bail to be released on furnishing a bail bond of Rs. 10,000 with two sureties within six weeks.
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.16339 of 2020
Arising Out of PS. Case No.-42 Year-2015 Thana- PAKRIDAYAL District- East Champaran
======================================================
Chandan Sah, Male, aged about 32 years, son of Late Puneydes Sah, resident of Village - Dhanouji, P.S.- Padridayal, Dist.- East Champaran
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Md. Shakir Ahmad ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 14-12-2020
Heard Mr. Dilip Kumar Tondon , learned counsel for the petitioner and Mr. Shakir Ahmad, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends his arrest in connection with Pakridayal P.S. Case No. 42 of 2015 registered for the offence punishable under Section 366 (A) / 34 of the IPC.
The allegation as per the First Information Report is that the minor daughter of the informant was abducted by the petitioner and other accused persons.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive. Learned counsel further submits that there was love affair between the petitioner and the victim girl and the statement of the victim girl under Section 164 of the Cr.P.C. was recorded on 03.10.2018 and the learned Magistrate has assessed the age of the victim girl on that date as 23 years. Learned counsel further submits that the statement of the victim girl does
Patna High Court CR. MISC. No.16339 of 2020(2) dt.14-12-2020 2/2
not support the prosecution story and the victim has categorically stated that she has performed marriage with the petitioner in a court at Delhi.
Having heard learned counsel for the parties and taking into consideration the materials available on record and the statement of the victim girl recorded under Section 164 of the Cr.P.C., I am inclined to grant anticipatory bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory 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. Sikrahna at Motihari / court concerned in connection with Pakridayal P.S. Case No. 42 of 2015, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case alleging abduction of a minor.
Whether the assessment of the victim's age as 23 years negates the charge of abduction of a minor.
3 provisions across 2 enactments
Chandan Sah
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
