Allowed

Amiri Devi @ Omri Devi @ Somri Devi v. the State of Bihar

Patna HC4 Dec 2020CR. MISC./24225/2020

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to three petitioners facing charge of abducting a 16-year-old girl under Section 366(A) IPC. The court relied on the victim's statement reciting her voluntary consent to the marriage to distinguish the case from a kidnapping charge. Bail conditions were fixed at Rs. 25,000 each with sureties.

What did the court decide?

Anticipatory bail granted to petitioners on a bond of Rs. 25,000 each with two sureties of similar amount for appearance within six weeks.

Amiri Devi @ Omri Devi @ Somri Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24225 of 2020

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Arising Out of PS. Case No.-486 Year-2019 Thana- HISUWA District- Nawada

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======================================================

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1. AMIRI DEVI @ OMRI DEVI @ SOMRI DEVI, Wife of Anil Chaurasiya, Resident of Village - Manjhwe, Police Station - Hisua, District - Nawada.

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Rekha Devi, Wife of Navin Chaurasiya @ Guddu Chaurasiya, Resident of Village - Manjhwe, Police Station - Hisua, District - Nawada.

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Adish Chaurasiya @ Satish Kumar @ Satish Chaurasiya @ Atish Chaurasiya, Son of Anil Chaurasiya, Resident of Village - Manjhwe, Police Station - Hisua, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shailesh Kumar For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 04-12-2020

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Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings.

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The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366(A) of the Indian Penal Code.

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Prosecution case in brief is that on 03.12.2019 the informant claimed that his daughter namely Reshma Kumari aged about 16 years has been kidnapped by Manish Kumar and he informed through mobile phone and said that his daughter was going to marry with him. After that he went to the house of Manish Kumar and told his parents that why Manish did so then

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Patna High Court CR. MISC. No.24225 of 2020(3) dt.04-12-2020 2/3

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his family members clearly told that his daughter is in their possession what you like to do and also gave threatening of dire consequences.

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Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The statement of the victim recorded under Section 164 Cr.P.C. in the court of learned Judicial Magistrate-1st Class, Nawada where she has clarified that no one has kidnapped her rather she had gone and solemnized marriage algonwith Manish Kumar as per her own wish since her parents were going to sell her for marry in the hand of one more aged person so she decided to do so. He further submits that the petitioners are family members of co-accused namely Manish Kumar. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition.

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Learned APP for the State opposes the prayer for bail petition.

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In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (rupees twenty five

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Patna High Court CR. MISC. No.24225 of 2020(3) dt.04-12-2020 3/3

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thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Hisua P. S. Case No. 486 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anjani Kumar Sharan, J)

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amitkumar/-

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U T

Amiri Devi @ Omri Devi @ Somri Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Amiri Devi @ Omri Devi @ Somri Devi v. the State of Bihar

Case brief

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