HC Patna granted anticipatory bail to the petitioners accused under Sections 363, 366A and 34 IPC in a kidnapping case for marriage. Bail ordered on furnishing bonds with sureties within eight weeks.
Released on bail upon arrest or surrender within eight weeks by furnishing bonds of Rs. 10,000/- each with two sureties.
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.13743 of 2021
Arising Out of PS. Case No.-176 Year-2020 Thana- MAJORGANJ District- Sitamarhi
==============================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
==============================================
Appearance : For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. APP ==============================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
Heard the learned counsel for the petitioners and
the learned APP for the State.
The petitioners seek bail in anticipation of their
arrest in connection with Majorganj P.S. Case No. 176/2020 instituted for the offence under Sections 363, 366A/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.13743 of 2021(4) dt.22-03-2022 2/3
The son of petitioner nos. 1 and 2 is said to have kidnapped the victim girl for the purposes of marrying her. The petitioner nos. 1 and 2 being the parents of the aforesaid malefactor and the petitioner nos. 3 and 4 being uncle and aunt are alleged to have given tacit and active support to the boy who has committed this offence.
It appears that the victim has been recovered and
has given her statement under Section 164 Cr.P.C. stating that she has married the son of petitioner nos. 1 and 2 of her own volition. The fact remains that the victim is only 17 years of age.
However, since the petitioners are only said to have rendered tacit support to the boy who is said to have married the victim, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Sitamarhi
Patna High Court CR. MISC. No.13743 of 2021(4) dt.22-03-2022 3/3
in connection with Majorganj P.S. Case No. 176/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J)
sunilkumar/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioners who are alleged to have given support to their son who kidnapped the victim for marriage.
1 provisions across 1 enactments
NIRMALA DEVI W/o Thaga Das
Thaga Das
Usha Devi W/O Shivdhar Das
Shivdhar Das S/O Late Sevak Das
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
