This oral order in a criminal miscellaneous petition addresses a bail plea. The petitioner, charged with kidnapping, sought release citing the victim's allegation of voluntary marriage. The court discharged him on bail bonds.
Released on bail with two sureties of Rs. 10,000 each, subject to satisfaction of JM Gopalganj.
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.55749 of 2022
Arising Out of PS. Case No.-351 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
RAJENDRA GIRI @ RAJANDAR GIRI Son of Bhola Giri Resident of village - Singasani, P.S.- Baikunthpur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr.Sangeeta Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 16-12-2022
Heard the learned counsel for the petitioner and
the learned APP for the State.
The petitioner seeks bail in connection with Baikunthpur P.S. Case No. 351/2021 instituted for the offences under Sections 366(A) of the Indian Penal Code.
The maternal grandfather of the victim girl has alleged that the victim has been kidnpapped for illegal purposes.
The learned counsel for the petitioner has submitted that the victim was a major and she out of her own volition married the son of the petitioner. Precisely for this reason, the petitioner has been made accused in this
case with general and omnibus allegation.
Patna High Court CR. MISC. No.55749 of 2022(2) dt.16-12-2022 2/2
The so called victim, who is the grand daughter of
the informant has lodged a complaint case vide Complaint Case No. 433/2022 before the Chief Judicial Magistrate, Gopalganj alleging serious offences against her own parents. In the aforesaid complaint, she has projected her age to be 20 years.
The learned counsel for the petitioner has
submitted that he is 67 years old father of the boy with whom the grand daughter of the informant has chosen to marry.
He is in custody since 21.04.2022.
Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Baikunthpur P.S. Case No. 351/2021.
(Ashutosh Kumar, J)
Sunilkumar/mathew U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case under Section 366(A) IPC alleging kidnapping and culpable homicide for doing wrong to a minor.
Rajendra Giri @ Rajandar Giri
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
