Allowed

Chandan Singh v. the State of Bihar

Patna HC25 Apr 2023CR. MISC./10716/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail for alleged kidnapping with intent to marry. Counsel cited medical report on victim's age and her Section 164 statement supporting marriage by her own will. Court directed release on arrest or surrender within six weeks on bail bond with two sureties, subject to Section 438(2) conditions.

What did the court decide?

Petitioner to be released on anticipatory bail on furnishing bail bond of Rs. 25,000 with two sureties of like amount, subject to Section 438(2) Cr.P.C. conditions.

Chandan Singh Vs the State of Bihar — Quashing and FIR | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10716 of 2023

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Arising Out of PS. Case No.-126 Year-2022 Thana- CHAUTHAM District- Khagaria

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

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CHANDAN SINGH S/O SATYANARAYAN SINGH @ DOMI SINGH Resident of Village- Orlaha, P.S.- Raghubansh, District- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar Singh, Adv. For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 25-04-2023

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366(A)/34, 506 of the Indian Penal Code.

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Allegedly, petitioner, along with other accused persons, is said to have kidnapped the informant’s daughter with intention to marry with her.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that as per the medical report, the age of the victim was found 16 to 18 years,

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Patna High Court CR. MISC. No.10716 of 2023(2) dt.25-04-2023 2/2

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therefore, it can be said that the victim was major at the time of occurrence. He further submits that the statement of the victim has been recorded under Section 164 Cr.P.C in which she has not supported the prosecution case and stated that she got married with the petitioner with her own sweet will. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Learned APP for the State opposed the prayer for bail.

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Considering the facts and circumstances of the case as well as the statement of the victim, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chautham P.S. Case No. 126 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Chandan Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Chandan Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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