An elder brother sought anticipatory bail regarding his minor sister's alleged abduction and subsequent marriage by his brother. The High Court allowed bail, directing sureties and compliance with cooperation conditions.
Prayer for anticipatory bail allowed; enlarged on bail bonds with sureties directed.
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.85825 of 2019
Arising Out of PS. Case No.-437 Year-2019 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Rohit Kumar S/o- Sulo Sah, R/o- Village- Bagwara, P.S.- Begusarai Muffasil, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
3 18-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Begusarai Muffasil P.S. Case No.437 of 2019 registered for offence punishable under sections 366(A), 364/34 of the Indian Penal Code.
The petitioner is an elder brother of Mangal Kumar, who is alleged to have taken away a minor girl, namely, Khushbu Kumari and whereafter, they have entered into marriage, attached the photograph showing the marriage has been done in a temple.
The learned counsel for the petitioner submits that the petitioner has done nothing, rather his brother had taken
Patna High Court CR. MISC. No.85825 of 2019(3) dt.18-02-2020 2/2
away the girl and entered into marriage with her, for that, the petitioner cannot be held responsible.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil P.S. Case No.437 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(Shivaji Pandey, J)
Mahesh/-
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in connection with the alleged offence under sections 366(A), 364/34 of the Indian Penal Code.
1 provisions across 1 enactments
Rohit Kumar
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
