High Court granted leave to Ranjit Kumar Soni to be released on bail with sureties within four weeks of arrest or surrender, in connection with imposition of defect, regarding charges of kidnapping and outraging modesty.
Permission to remove defects; grant of bail on surrender/arrest within four weeks on furnishing bond of Rs.10,000 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.61081 of 2021
Arising Out of PS. Case No.-323 Year-2021 Thana- KAHALGAON District- Bhagalpur
======================================================
RANJIT KUMAR SONI Son of Shivam Sah Resident of Village- Purab Tola, Shiv Kumari Pahad Ward No.17, P.S.- Kahalgaon, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s: Mr. Harendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
2 07-06-2022
Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Heard learned counsel for the parties.
The petitioner seeks anticipatory bail in connection with Kahalgaon P.S. Case No. 323/2021, registered for the offences under Sections 366A, 504, 506/34 of the Indian Penal Code .
The learned counsel for the petitioner submits that the socalled victim had love affairs with petitioner and she voluntarily went along with the petitioner for marrying the petitioner and presently she is living with the petitioner.
It is further stated that so-called victim’s statement has been recorded under Section 164 Cr.P.C. in which she has denied the allegation of F.I.R. and accepted petitioner’s relationship as her husband and in the medical examination, the age of victim girl was
Patna High Court CR. MISC. No.61081 of 2021(2) dt.07-06-2022 2/2
found above 18 years and the Magistrate concerned assessed the age of victim girl as 19 years while the learned court below denied the privilege of bail to the petitioner mainly on the ground of minority of the said victim.
Learned Additional Public Prosecutor opposes the prayer for anticipatory bail.
Having considered the above submissions and paragraph7 of the impugned order, which is relvant to the above submissions of learned counsel in my view the petitioner deserve to lenient approach, let the petitioner above named, in the event of his arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 323 of 2021, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Shailendra Singh, J)
kamlesh/-
U T
3 issues framed by the court
Whether the petitioner deserves anticipatory bail in connection with offences under Sections 366A, 504, 506/34 of the Indian Penal Code.
Whether the petitioner's relationship with the victim negates the ground of minority for denying bail.
What conditions are imposed for the grant of anticipatory bail.
2 provisions across 2 enactments
Ranjit Kumar Soni
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
